Court-Martial: First Lieutenant Glenn A. Niles, Jr. 165th Military Police Company, Vol. I of II (Verbatim Record of Trial Included)

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COPY

331 96
COURT-MARTIAL RECORD'
NAME ALLES CLEAW A A. I LT
7

SSN -11001111.11 (b)3" 116"-
ACTIONS CODED: ASSIGNED TO:
INITIAL PANEL
ACCA -EXAMT-91-W-

AccA c_Leek oP CouRr
FINAL
COMPANION(S): • •
•
• •
RETURN.THIS FILE TOts • OFFICE-OF THE CLERK 0.F COURT .
•

ARMY,JUDICIARY
901 NORTH. STUART STREET,. SUITE. 4200
ARLINGTON, VA. 22203-1837

•
-OF-VOL(S)
AD INISTRATIVe
(14-4 't1:16-422 0 0 4 0 6 8 3
Examin ARMY­
Clerk of Court's Office CA
JALS-CC FORM 24, 1,0CTOBER 20 00

C33191
MAR 8 2005
.
Fassler C

VOL I of II
ORIGINAL COPY
VERBATiml

RECORD OF TRIAL2
(and accompanying papers)

OF

NILES, Glenn A., Jr..(0044)/.

First Lieutenant

(NAME: Last, First Middle Initial) (Social Security Number) (Rank)
615th Military
Police Company.US Army.APO AE 09114.

(unit/Conunand Name) (Branch of Service) . (Station or Ship)
BY
Gmmilma COURT-MARTIAL

CONVENED BY COMMANDING GENERAL

(Title of Convening Authority)

Headquarters, Seventh Army Training Comand

(Unit/Conunand of Convening Authority)

-TRIED AT
Wuerzburg and Vilseck, Germany'.9 Jun and 1 OU1 04

ON.

(Place or Places of Trial) (Date or Dates of Trial)
COMPANION CASES :
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CD23.
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I Insert "verbatim" or summarized" as appropriate. (This form will be used by the Arrny and Navy for verbatim records of trial only.) 2 See inside back cover for instructions as to preparation and arrangement.
DD FORM 490, MAY 2000 PREVIOUS EDITIONS ARE OBS'OLETE. FRONT COVER
2 0 0 4 0 6 8 3

CHRONOLOGY SHEET'
In the case of First Lieutenant Glenn A. Niles, Jr.
(Rank and Name of Accused)
Date of alleged commission of earliest offense tried: 30-Jul
(Enter Date)
2003
Date record forwarded to The Judge Advocate General: 2
.7J-Pao
(Enter Date)
C,t) 2- (1) CC) - Z_
amorm¦esummini .
(signature and rank of Staff Judge Advocate or Legal Officer)
1 ln a case forwarded to The Judge CUMULATIVE
Advocate General, the staff judge ACTION DATE ELAPSED
advocate or legal officer is responsible for 3

2003 DAYS
completion of the Chronology Sheet. Trial 1. Accused placed under restraint by militarycounsel should report any authorized
. 4
authority
in the trial of the case.

deductions and reasons for unusual delay 2. Charges preferred (date of affidavit)
30-Sep-03
2 Or officer conducting review under Article
3. Article 32 investigation (date of report) 5
64(a)(MCM, 1984, RCM 1112). 19-May-04 232
4. Charges received by convening authority
2-Jun-04 246
3 In computing days between two dates, 5. Charges referred for trial
disregard first day and count last day. The 2-Jun-04 246
actual number of days in each month will

6. Sentence or acquittal
be counted. 1-Jul-04 275
4 Item 1 is not applicable when accused is Less days:
not restrained, (see MCM, 1984, RCM

Accused sick, in hospital, or AWOL
304) or when he/she is in confinement Delay at request of defense
under sentence or court- martial at time 164
charges are preferred. Item 2 will be the 6

Total authorized deduction 164zero date if item 1 is not applicable.
7.
Net elapsed days to sentence or acquittal 1 11

8.
Record received by convening authority

30-Nov-04 263
5 May not be applicable to trial by special
7
court-martial.
Action 10-Feb-05 335
9. Record received by officer conducting review
6 Only this item may be deducted.
under Article 64(a)
7 If no further action is required, items 1 . 8
Action
to 8 will be completed and chronology
signed by such convening authority or
his/her representative.

8 When further action is required under
Article 64 or service directives.

REMARKS
(3)6,) 2 ,*
Defense Delay: 14 days. (Defense delay from 18 Oct - 1 Nov 040=111111111111111111111111111) 2
)c.) z
88 days (Defense delay from 1 Nov 03 - 28 Jan 04)
27 days (Defense delay from 30 Mar - 26 Apr 04
24 days (Defense delay from 17 Apr - 11 May 04
11 days (Defense delay from 3 May - 14 May 04 1111/111111111111111•1111111111111111111 (AR 27-20 para 5-40b(2))
Number of days from initial investigation of most serious arraigned offense to the date of arraignment:
307 days. (7 Aug 03 - 9 Jun 04) (AR 27-10, Para 5-40b(1))

IL 33199
DD FORM 490, MAY 2000 Inside of Front Cover
DOD-047079
IN THE UNITED STATES ARMY FIFTH JUDICIAL CIRCUIT
UNITED STATES
v.
POST-TRIAL AND APPELLATE RIGHTSGLENN A. NILES, JR.
30 June 2004
First Lieutenant, U.S. Army
615th Military Police Company
APO, AE 09114

I, 1LT Glenn A. Niles, Jr, the accused in the above-entitled case, certify that my trial defense counsel has advised me of the following post-trial and appellate rights in the event that I am convicted of a violation of the Uniform Code of Military Justice:
1.
In exercising my post-trial rights, or in making any decision to waive them, I am entitled to the advice and assistance of military counsel provided free of charge or civilian counsel provided by me at no expense to the Government.

2.
After the record of trial is prepared, the convening authority will act on my case. The convening authority can approve the sentence adjudged (as limited by a pretrial agreement), or he can approve a lesser sentence, or disapprove the sentence entirely. The convening authority cannot increase the sentence. He can also disapprove some or all of the findings of guilty. The convening authority is not required to review the case for legal errors, but may take action to correct legal errors.

3.
I have the right to submit any matters I wish the convening authority to consider in deciding what action to take in my case. Before the convening authority takes action, the staff judge advocate will submit a recommendation to him. This recommendation will be sent to me and/or my defense counsel. Any matters that I wish the convening authority to consider, or matters in response to the Staff Judge Advocate's recommendation must be submitted within 10 days after I or my counsel receive the recommendation of the staff judge advocate, whichever occurs later. Upon my request, the convening authority may extend this period, for good cause, for not more than an additional 20 days.

4.
If a punitive discharge or confinement for a year or more are adjudged and the convening authority approves the discharge or confinement for a year or more, my case will be reviewed by the Army Court of Criminal Appeals (USACCA). I am entitled to be represented by counsel before such court. If I so request, military counsel will be appointed to represent me at no cost to me. If I so choose, I may also be represented by civilian counsel at no expense to the United States.

5.
After the Court of Criminal Appeals completes its review, I may request that my case
be reviewed by the Court of Appeals for the Armed Forces. If that Court reviews my

150
to LP,'
A F
2-0-0-4 0 8 :1 DOD-047080
case, I may request review by the Supreme Court of the United States. I would have the same rights to counsel before those courts as I have before the USACCA.
6.
If the Court-Martial does not adjudge or the Convening Authority does not approve either a punitive discharge or confinement for a year or more, my case will be examined by the Office of the Judge Advocate General for any legal errors and to determine if the sentence is appropriate. The Judge Advocate General (TJAG) may take corrective action as appropriate. This mandatory review under Article 69(a), UCMJ, will constitute the final review of my case unless TJAG directs review by the Army Court of Criminal Appeals.

7.
I may waive or withdraw review by the appellate courts (subparagraph 4, above) or the Office of The Judge Advocate General (subparagraph 5, above) at any time before such review is completed. I understand that if I waive or withdraw review:

a. My decision is final and I cannot change my mind.
b.
My case will then be reviewed by a military lawyer for legal error. It will also be sent to the general court-martial convening authority for final action.

c.
Within 2 years after the sentence is approved, I may request the Judge Advocate General to take corrective action on the basis of newly discovered evidence, fraud on the court-martial, lack of jurisdiction over me or the charged offense, any error prejudicial to my substantial rights, or the appropriateness of the sentence.

8.
I understand that IAW Article 57(a), U.C.M.J., any forfeiture and/or reduction that was part of my sentence will take effect 14 days from the earlier of either a) the date the sentence was imposed, or b) the date the Convening Authority approves the sentence. I understand that under Article 57(a), I can, through my attorney, request that the application of these adjudged punishments be deferred by the Convening Authority until the date the Convening Authority approves the sentence.

9.
I understand that IAW Article 58b, U.C.M.J., if this court-martial sentenced me to either a) any confinement and a punitive discharge, or b) any confinement in excess of six months, I will automatically forfeit all my pay and allowances during my confinement. I understand that under Article 58b, I can, through my attorney, ask that the Convening Authority defer these automatic forfeitures until the convening authority takes action on my sentence. In addition, my attorney may request that the Convening authority waive this automatic forfeiture for a period not to exceed six months, but only if the following two conditions are met:

a. I have dependents; and
b. The Convening Authority directs that the pay and allowances I would
otherwise get would be paid not to me, but to my dependents.

10. I understand that if my court-martial sentence included a punitive discharge, I can request an exception to policy to have my family's household goods shipped at Government expense. (Note: Family members residing in USAREUR under command sponsorship will have household good shipped at government expense without the need for an exception to policy.)

C33201

pate 2 of 5
2 0 0 40 6 8 3 DOD-047081
11.
I understand that if my court-martial sentence included confinement, I can request that the Convening Authority defer (that is, postpone the start of) my confinement. I understand that it is my burden to show that my interests and those of the community in release outweigh the interests of the community in confining me.

12.
I have read and had my post-trial rights explained to me by counsel and I acknowledge these rights and make the elections set forth below, as reflected by my ini Is where appropriate.

a. I understand my post-trial and appellate review rights.
b.
I request that a copy of the authenticated record of trial be served on myself p r uant to RCM 1104(b); I also request that a separate authenticated copy of the record of trial be served on my military counsel (and civilian counsel, if appropriate) pursuant to RCM 1106(f)(3). I request that individual copies of the Staff Judge Advocate's post trial recommendation be served on by both myself and my defense, cou el pursuant to RCM 1106(f). (4140z22_

c.
My defense counsel,2 , will submit R.C.M. 1105 ma Zrs in my case.

d.
I want to be represented before the Army Court of Criminal Appeals by Apo:Hate Defense Counsel appointed by the Judge Advocate General of the Army. I und rstand that I may contact my Appellate Defense Counsel by writing to Defense Appellate Division, U.S. Army Legal Services Agency (JALS-DA), 901 North Stuart Stre t Suite 1200, Arlington, Virginia 22203-1837.

e.
I have been informed that I have the right to retain civilian counsel at my experlse. I do not have civilian counsel at this time. Should I later retain civilian counsel, I will furnish the above information to: Clerk of Court, U.S. Army Judiciary (JALS-CC), 901 North Stuart Street, Suite 1200, Arlington, Virginia 22203-1837.

A2,
f.
If applicable, I (do)2 (do not) 2want my attorney to ask the Convening Authority to defelr 7 e application of my adjudged forfeitures and/or reduction in Article 57(a) as describe in paragraph 8 above.

h.
If applicable, I (do)2 (do not) 2want my attorney to ask the Convening Authority for an exf eption to policy to ship my family's household goods at Government expense, as described in paragraph 10 above.

g. If applicable, I (do) (do not) 2 want my attorney to
ask the Convening Authority to defer r waive the automatic forfeit ures in Article 58b
described in paragraph 9 above.

i. If applicable, I (do) (do not) 2want my attorney to
ask the Convening Authority to de -r y confinement, as described in paragraph 11 above.
u -
ila;,!,e 3 of 5
0 4 0 6 8 3
13. I understand that if my sentence included either a Bad Conduct or Dishonorable Discharge but no confinement, I can immediately request to be placed on voluntary excess leave (VEL) until the Convening Authority takes action on my case. I understand that if my sentence included either a Bad Conduct or Dishonorable Discharge and any confinement, I can request to be placed on VEL at the completion of my confinement until the Convening Authority takes action on my case. If my request is granted and I am placed on VEL, I understand that:
a.
My accrued leave will be used until exhausted, and then I will be in a VEL status;

b.
While in a VEL status, I will not receive any pay or allowances, nor will I accrue leave;

c.
While in a VEL status, I will not be entitled to travel on a space available basis; and

d.
I will be completely processed for discharge from the Army and, if requested, will receive a separation physical prior to my departure on VEL. I understand that there is no entitlement to physical disability retired pay should I incur a physical disability while in a VEL.

14.
I understand that if my sentence included a Bad Conduct or Dishonorable Discharge, when the Convening Authority takes action on my case, I will be placed on involuntary excess leave (IEL) until the completion of the post-trial and appellate process in my case. If I am placed on IEL, I understand that same restrictions as listed above for VEL apply.

15.
Pending appellate action on my case, I can be contacted, or a message may be left for me, at the following address:

Name:
Street:
City, State, Zip:
Area Code & Telephone:
E-mail Address (if any)
Permanent Address (if different from above)
(6(6)z ,-(7):6)--z_
Name:
Stre-
City, State, Zip: .4
Area Code & Telephone: _

C332°3
page 4 of 5
0 0 4 0 6 8 3 DOD-047083
If I cannot be reached at either address above, please contact the following individual(s),
who are most likely to have means of contacting me:
Name:
Street:
City, State, Zip:
Area Code & Telephone:
Email Address (if any)

DATE: N A.‘IL S 1LT, MP Accused
I certify that I have advised 1LT Glenn A. Niles, Jr., regarding his post-trial and appellate rights as set forth above, that he has received a copy of this document, ard that he made elections concerning appellate counsel. IAW R.C.M. 1106(f)(3), I request a copy of the record of trial.

111111111., AlP2,0)(e)
Date: 30 IIhe Olt Defense Counsel
C33204
page 5 o t. 5
s, o 8 8 3 DOD-047084
1. OJAG NUMBER

COURT-MARTIAL DATA SHEET

2. NAME (Last, First, Middle Initial) 3. SOCIAL SECURITY NO. 4- RANK 5. UNIT/COMMAND NAME NILES,GJr. 615th MP Co, APO AEG
Glenn A.,G1LT 09114

INSTRUCTIONS

When an item is not applicable to the record of trial being reviewed, mark the proper block with a
diagonal line similar to the ones which appear in the SPCMCA blocks for items 6a and b.

KEY TO USE
---
TC Trial Counsel. This column will be GCM_ or JA General Court-Martial OJAG Appropriate appellate agency in the Office
completed in all cases in which a finding Convening Authority or Judge of The Judge Advocate General of the branch of of guilty is returned. Advocate. This column will be service concerned. This column will be disregarded completed in any case in which the if a record of trial was reviewed under Article 64, SPCMCA Special Court-Martial record is forwarded by the commander UCMJ, and in cases where there are no approved
-
Convenimg Authority who is not exercising general court-martial findings of guilty. empowered to convene a general court-jurisdiction to The Judge Advocate martial. This column will be completed General of the branch of service References All references are to the Uniform Code
-
in each special court-martial case by the concerned. If the record is reviewed of Military Justice (UCMJ) and the Manual for Courts SPCMCA or his/her designated under Article 64(a), UCMJ, this Martial, United States (MCM), 1984. representative. column will be completed by the judge
advocate accomplishing the review TC SPCMCA GCM or OJAG SECTION A PRETRIAL AND TRIAL PROCEDURE' JA
—
YES NO YES NO YES NO YES NO
6. a. If a general court-martial: Was the accused represented in the Article 32 investigation by civilian or military counsel of his/her own selection or by counsel qualified within the meaning of Article 27(b), UCMJ? X X
b. If not: Did the accused waive his/her right to such representation? N/A N/A N/A N/A
7.
Does the record show place, date, and hour of each Article 39(a) session,
the assembly and each opening and closing thereafter? X X

8.
a. Are all convening and amending orders of courts to which charges were
referred entered in the record? X X

b.
Are court members named in the convening orders, detailed military judge (if any), counsel and the accused accounted for as present or absent? X X

c.
Was less than a quorum present at any meeting requiring the presence of court members (RCM 805))? X X

d.
Does the record show that after each session, adjournment, recess, or closing during the trial, the parties to the trial were accounted for when the X X court reopened (A13-5)?

e.
If the military judge or any member present at assembly was thereafter absent, was such absence the result of challenge, physical disability or based N/A N/A N/A N/A on good cause as shown in the record of trial (RCM 505(c)(2)(A))?

9.
Were the reporter and interpreter, if any, sworn or previously sworn? X

10.
a. Was the military judge properly certified (RCM 502(c))? X X

b.
Was the military judge properly detailed (RCM 503(b))? X X

c.
Was the military judge present during all open sessions of the court? X X

11. a. Was the accused advised that:
(1) He/she had the right to be represented free of charge by a military lawyer of his/her own selection, if reasonably available, in which case detailed X X counsel might be excused (RCM 506(a))?

C 03205
DD FORM 494, OCT 84, Page 1 Previous editions are obsolete.
4
8 3
COURT-MARTIAL DATA SHEET

—
SECTION A PRETRIAL AND TRIAL PROCEDURE
(CONTINUED)
(2)
He/she had the right to be represented at the trial by a civilian lawyer provided at no expense to the government, in which case detailed counsel would serve as associate counsel or be excused with the accused's consent?

(3)
If he/she did not exercise any of the rights listed above, he/she would be defended by detailed counsel certified under Article 27(b), UCMJ (RCM 502(d)(1))?

b.
(1) Was the accused represented by a civilian lawyer?

(2)
Did the accused request a specific military counsel?

(3)
(a) If so, was such request complied with?

(b)
If not, were reasons given why requested counsel was not reasonably available?

12. a. Was the detailed defense counsel properly certified (RCM 502(d))?
b. Was at least one qualified counsel for each party present during all open sessions of the court (RCM 502(d) and RCM 805(c))?
13. a. If the special court-martial adjudged a BCD:
(1)
Was a military judge detailed to the court (RCM 503(b))?

(2)
If not, did the convening authority submit a statement indicating why a military judge could not be detailed arid why trial had to be held at that time and place (Article 19, UCMJ)?

(3)
Was a verbatim transcript made (Article 19, UCMJ)?

14.
Did any person who acted as the accuser, investigating officer, military judge, court member, or a member of the defense in the same case, or as counsel for the accused at a pretrial investigation or other proceedings involving the same general matter, subsequently act as a member of the prosecution (RCM 502(d)(4))?

15.
If any member of the defense had acted as a member of the prosecution in the same case, was he/she excused (RCM 502(d)(4))?

16.
a. If any member of the defense had acted as the accuser, investigating officer, military judge, or member of the court, were his/her services expressly requested by the accused (RCM 502(d)(4))?

b. If not, was he/she excused?
17. a. If accused was an enlisted person, did he/she make a request that enlisted persons be included in membership of the court?
b.
If so, were at least one-third of the members who tried the case enlisted persons, or did the convening authority direct the trial without enlisted persons and provide a detailed written explanation which is appended to the record (RCM 503(a)(2))?

c.
Did any enlisted member of the court belong to the same unit as the accused?

18.
If a military judge was detailed to the court, was the accused informed of his/her right to request trial by military judge alone?

19.
Were the members of the court, military judge (if any) and the personnel of the prosecution and defense sworn or previously sworn?

20.
a. Was any person sitting as a member of the court, or military judge (if any), the accuser, a witness for the prosecution, the investigating officer, staff judge advocate, counsel, or convening authority, or upon rehearing or new trial was he/she a member of the former trial (RCM 902(b) and RCM 912(0)?

b. If so, did the accused waive such disqualification (RCM 912(0(4) and RCM 902(e))?
DD FORM 494, OCT 84, Page 2
TC SPCMCA GCM or OJAG
JA
YES NO YES NO YES NO YES NO
X X
X X
X X
X X
N/A N/A N/A N/A
N/A N/A N/A N/A
X X
X X
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
X X
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
X X
X
X X
N/A N/A N/A N/A
-,3206uu

0 6 8 3 DOD-047086
COURT—MARTIAL DATA SHEET

TC SPCMCA GCM or OJAG
SECTION A — PRETRIAL AND TRIAL PROCEDURE JA
(CONTINUED) YES NO YES NO YES NO YES NO
21. a. Was each accused extended the right to challenge military judge (if
any), and any member of the court for cause and to exercise one peremptory X X
challenge?
b. Was action by court upon challenges proper (RCM 902 and RCM 912)? X X
c. Does the record show that a member excused as a result of a challenge
withdrew from the cotut? X X
22. a. Was the accused properly arraigned (RCM 904)? X X
b. Do the following appear in the record: The charges and specifications,
the name, rank and unit/command name of the person signing the charges,- X X
the affidavit, and the order of reference for the trial?
c. Except in time of war, was the accused brought to trial (which includes
an Article 39(a), UCMJ session) by general court-martial within five days (by X X
special court-martial within three days) subsequent to service of charges upon
him/her (RCM 602)?
d. If so, did the accused object to trial? N/A N/A N/A N/A
23. a. Were any charges or specifications affected by the statute of limitations
(RCM 907(b))? X X
b. If so, was accused advised of his/her right to assert the statute and was
his/her response recorded (RCM 907(b))? N/A N/A N/A N/A
24. Did the court take proper action with respect to motions raising defenses and
objections (RCM 905-907)? X X
25. a. Were pleas of accused regularly entered (RCM 910(a))? X X
26. Does the record show that all witnesses were sworn? X X
27. Did the military judge or president advise the court concerning the
elements of each offense, each lesser included offense reasonably raised by
the evidence, and the presumption of innocence, reasonable doubt, and X X
burden of proof, pursuant to Article 51(c), UCMJ (RCM 920(e))?
28. a. If trial was by military judge alone, did the military judge announce the
fmdings (RCM 922)? X X
b. If the trial was with members, did the president announce the findings
(RCM 922)? N/A N/A N/A N/A
c. If special findings were requested, were they made a part of the record? N/A N/A N/A N/A
29. Were the findings in proper form (A 1 0)? X X
30. a. Was the evidence, if any, of previous convictions admissible and
properly introduced in evidence (RCM 1001(b)(3))? N/A N/A N/A N/A
b. Was the information from personnel records of the accused properly
admitted (RCM 1001(b)(2))? X X
c. Was the defense permitted to introduce evidence in extenuation and
mitigation after the court announced findings of guilty (RCM 1001(c))? X X
31. a. In a trial with members, did the president announce the sentence
(RCM 1007)? X X
b. If trial was by military judge alone, did the military judge announce the
sentence (RCM 1007)? N/A N/A N/A N/A

4.) 3 2 0 7
DD FORM 494, OCT 84, Page 3
8 3

COURT—MARTIAL DATA SHEET

TC SPCMCA GCM or OJAG SECTION A PRETRIAL AND TRIAL PROCEDURE JA
—
(CONTINUED) YES NO YES NO YES NO YES NO
32.
Was the sentence in proper form (All)? X X

33.
Is the record properly authenticated (RCM 1104)? X X

34.
a. Did all members who participated in proceedings in revision vote on N/A N/A N/A N/A original findings and sentence (RCM 1102(e)(1))?

b. At proceedings in revision, were a military judge (if one was present at the trial), the accused, and counsel for the prosecution and defense present N/A N/A N/A N/A (RCM 1102(e)(1))?
35.
Was each accused furnished a copy of the record or substitute service made on defense counsel (RCM 1104(b))? X X

36.
Was clemency recommended by the court or military judge? X X

GCM or
—
SECTION B PROCEDURE AFTER TRIAL TC SPCMCA JA OJAG
YES NO YES NO YES NO YES NO
37.
Was the court convened by proper authority (RCM 504(b))? X

38.
Did the court have jurisdiction of person and offense (RCM 202 & 203)? X

39.
Does each specification state an offense under the code (RCM 907(b))? X

40.
Did the accused have the requisite mental capacity at the time of trial and X the requisite mental responsibility at the time of the commission of each offense (RCM 909 and RCM 916(k))?

41.
Is the evidence sufficient to support the findings? X

42.
Is the sentence within legal limits (RCM 1112(d)? X

43.
Is the action of the convening authority properly entered in the record and signed (RCM 1107(f))? X

44.
If appropriate, is a proper place of confinement designated (RCM 1107(f)(4)(c))? N/A N/A

45.
a. Was the staff judge advocate's post-trial recommendation served on the defense counsel for comment (RCM 1106(f)? X

b.
If the addendum to the recommendation contained new matters, was it served on the defense counsel for comment (RCM 1105(f)(7))? N/A N/A

c.
Did the accused submit matters for the convening authority's consideration in a timely manner (RCM 1105)? X

d.
If yes, was the convening authority's action subsequent to the submission of the matters? X

e.
If no, did the accused waive in writing the right to submit matters and was the action talcen subsequent to the written waiver or did the time periods N/A N/A provided in RCM 1105(c) expire before the convening authority's action?

46. a. Does the record indicate that the accused was advised of his/her appellate rights (RCM 1010)7 X
b.
Do the allied papers contain a statement indicating the desires of the accused with respect to appellate representation in the event his/her case is X referred to a court of military review?

c.
Did the accused waive or withdraw appellate review and is the waiver or withdrawal in proper form and attached to the record of trial (RCM 1110,

X Al 9 & 20)?

C,03268

DD FORM 494, OCT 84, Page 4
": 6' 8 3
DOD-047088

COURT—MARTIAL DATA SHEET

TC SPCMCA GCM or OJAG
SECTION C — COURT—MARTIAL ORDERS (OM) JA
YES NO YES NO YES NO YES NO
47. Does the initial CMO bear the same date as the action of the convening X
authority who published it?
48. Are all the orders convening the court which tried the case correctly cited X
in the CMO?
49. Are the accused's name, rank, SSN, unit/command name and branch of X
service correctly shown in the CMO?
50. Are all the charges and specifications (including amendments) upon which the
accused was arraigned correctly shown in the CM0 (RCM 1114)? X
51. Are the pleas, findings, and sentence correctly shown in the CM0
(RCM 1114)? X
52. Does the CMO show the date the sentence was adjudged? X
53. Is the action of the convening authority correctly shown in the CMO? X
54. Is the CMO properly authenticated (RCM 1114)? X
55. REMARKS:

CO3209
DD FORM 494, OCT 84, Page 5
2.0040883 DOD-047089
COURT-MARTIAL DATA SHEET
55.G(Continued):

REMARKSG

‘G

.0t1C)'2,-
0 446) - 2 i

56. TRIAL COUNSEL
a. TYPED NAME (Last, First, Middle Initial) b. RANIC c. S2I, 4 TURE d. DATE SIGNED
411/0111011111111111111111 OM 57. CONVENING AUTHORITY OR HIS/HER REPRESEN tAT ... .. cC 6 g s-
a. TYPED NAME (Last, First, Middle Initial ) b. RANK c. SI2A ' ' d. DATE SIGNED
ammemommilms mar (,), -N d'S-

58. STAFF JUDGE ADVOCATE OF GENERAL COURT-MARTI CON2N G AUTHORITY OR REVIEWING JUDGE ADVOCATE
'
a. TYPED NAME (Last, First, Middle Initial) b. RANK . SIG A2'
c___...dmimmiasd. DATE SIGNED
4111MOMMIlmills IIIIIIP Iliar a)--6 #O,S--
59. ACTION IN THE OFFICE OF THE JUDGE ADVOCATE GENERAL
a.
ACTION:

b.
INDIVIDUAL COMPLETING DATA SHEET

(1) TYPED NAME (Last, First Middle Initial (2) RANK (3) SIGNATURE (4) DATE SIGNED
.¦••¦-AI.PS
DD FORM 494, OCT 84, Page 6
4 0 6, 8 3 DOD-047090
2 0 `
DEPARTMENT OF THE ARMY
Headquarters, Seventh Army Training Command
APO Army Europe 09114

2
GENERAL COURT-MARTIAL ORDER 10 February 2005 NUMBER2 9
(Z.Aj [KC)First Lieutenant Glenn A. Niles, Jr. spiiimew U.S. Army, 615th Military Police Company, APO AE 09114 (currently attached to Headquarters, Seventh Army Training Command due to the deployment of the 1st Infantry Division) was arraigned at Wuerzburg, Germany, on the following offenses at a general court-martial convened by the Commander, Seventh Army Training Command.
Charge I: Article 93: Plea: Not Guilty. Finding: Not Guilty.
Specification 1: At or near the Al Taji Police Station, Baghdad, Iraq, on or about 30 July 2003, was cruel toward and did maltreat...I, a person subject to his orders, by striking him in the stomach with a closed fist. Plea: Not Guilty. Finding: Not Guilty.
Specification 2: At or near the Al Taji Police Station, Baghdad, Iraq, on or about 30 July 2003, was cruel toward and did maltreat dui, a person subject to his orders, by striking him in the
stomach with a closed fist. Plea: Not Guilty. Finding: Not Guilty.
Specification 3: At or near the Al Taji Police Station, Baghdad, Iraq, on or about 30 July 2003, was cruel toward and did maltreat.", a person subject to his orders, by kicking him in the
shoulder. Plea: Not Guilty. Finding: Not Guilty.
Charge II: Article 133: Plea: Guilty. Finding: Guilty. ettf(bAt " Oto-rie4r,o--
too n
Specification: At or near Al Taji Police Station, Baghdad, Iraq, on or about 30 July 2003, while
a platoon leader in the 615th Military Police Company, and in the presence ofaINIIIIIIPIOW and 111111/111, wrongfully and dishonorably grab by the neck and strike him
in the stomach with a closed fist, wrongfully and dishonorabl in the stomach with
a closed fist, and while being detained by 111.111.111i, wrong d dishonorably kic
in the shoulder, all to the disgrace of the Officer's Corps, and t ed Force2. Guilty.
Finding: Guilty.
Pa)
sENTENcE2
Sentence was adjudged on 1 July 2004: To be reprimanded and to forfeit $1,003.00 pay per month for 12 months.
CO3211
8 3 DOD-047091
GCMO No. 9, DA, HQ, Seventh ATC, APO AE 09114, dtd 10 Feb 05 (continued)
ACTION
The finding of guilty and the sentence is disapproved. The charge is dismissed. The adjudged
forfeitures were deferred effective 4 August 2004 until date of convening authority action.

BY COMMAND OF BRIGADIER GENERAL HERTLING:

DISTRIBUTION:
Record Set (1)
Reference Set (1)
Accused (1)
MJ (IMMO (1)

(01/1/M) (I) ) ,; (7)rc
atI2
TC (101111111111, (1)
ATC2(1)
DC (a1.111116) (1)
CDR, 615 MP Co, APO AE 09114 (1)
CDR, 1st ID, APO AE 09036 (1)
CDR, 7th ATC, APO AE 09114-8130 (1)
CDR, DET D, 38th PSB, APO AE 09173 (1)
CDR, DET A, 106th Fin Bn, AT'TN: Debt Management
Unit 26210, APO AE 09036 (1)
Clerk of Court, (JALS-CCR), 901 N. Stuart Street, Suite 1200,
Arlington, VA 22203-1837 (10)
CDR, (TAPC-MSP), 200 Stovall Street, Alexandria, VA 22332-0400(1)
Professor of Law, United States Military Academy, West Point,
NY 10996 (2)

2

CO3212

DEPARTMENT OF THE ARMY
Headquarters, Seventh Army Training Command
Office of the Staff Judge Advocate
APO Army Europe 09036

AETV-BGJA2 10 February 2005
MEMORANDUM FOR Record
SUBJECT: United States v. 1LT Glenn A. Niles, Jr.
On 10 February 2005, Brigadier General Herding, GCMCA, Seventh Army Training Command, took action in the case of U.S. v. 1LT Glenn A. Niles, Jr. General Hertling considered all matters submitted by the accused and defense counsel pursuant to R.C.M. 1105/1106. In addition to these matters, with defense consent, the convening authority also considered an email sent to him bylining. on 9 February 2005 after the defense had submitted clemency matters.
WO WZIONNINWS
-110111.11.1111.1111P
MOM
C 3 21 3
2 0 0 0 6 8 3
2
Icequest tor Ulemency: 1LT Iv-- -s Page 1 of 2
11D OSJA-Wuerzburg Law Center (411=110)
From: 111/1101.11111111111 1LT 7ATC HQ 011111.1111©us.army.mil ]
Sent: Thursday, February 17, 2005 2:00 PM 2 CA:0 To:-ID OSJA-Wuerzburg Law Center MIN 010 Z/ Subject: Request for Clemency: 1LT Niles
2Original Message2
FromilliMMINIMIS(709 MP Bn Commanding)
Sent: Wednesday, February 09, 2005 10:29 PM
To:111111111111111111111110 7ATC HQ 41111.1111111111@graf. eunarmy.mil )
Cc:1111.1.0111111111110 7ATC HQ; 41111111111111b CSM (709 MP Bn CSM) OfaffaMpus.army.mil)
Subject: Request for Clemency: 1LT Niles

Sir-
I believe there is a clemency packet enroute to your office for one of my officers.
I recommend you grant clemency for 1LT Niles.

1LT Niles was assigned as a PL in the 615th MP Co which was assigned to the 709th for OIF I. In July 2003, 1LT Niles
assaulted 2 criminals who were being held at the Al Taji IP Station after they destroyed the rennovations to the detention cell.
I suspended him from his duties, conducted a commander's inquiry, and forwarded my findings to my brigade commander.
The JAG grabbed a hold of it and it went forward to CJTF-7 where it was finally determined that the officer should be court­martialed. I believe this was based on the fact that the Abu Ghraib scandal had just broken in the press.

Reagrdless, 1LT Niles was court-martialed last summer and I testified on his behalf.
I do not condone his actions but I do not believe that they were egregious enough to cause this officer to lose his commission.

I realize as the GCMCA you have the-responsibility to act in the best interest of the Army and US government as well as
consider the officer.

I wish I could tell you that 1LT Glenn Niles is the best MP PL I ever had, that is not the case. He is a good officer, I kept him
in Baghdad and had him serve as a battle captain in my TOC throughout our deployment. He learned a lot, grew as an officer,
and is a better person for the whole experience.

He has always taken responsibility for his actions - he never once failed to come forward and tell the truth. He understands
the seriousness of the offense, accepted his punishment at court-martial, and continues to soldier on.

He is currently the XO of the 615th MP Co at Graf. He is still one of my officers since I have C2 over all the 18th MP Bde
units while the brigade is in Iraq.

I trust him to lead Soldiers. I would place him command of one of my units. I lcnow he has learned from his mistake.
I appreciate you taking the time to read this.

I will be at Graf on Thursday 10 February at 1230 as I am escorting BG Johnson, MP Commandant. If it is convenient, I can
stop by your office and see you in person concerning this matter. I can break away from escorting my Commandant at any
time to see you.

I will call your aide while I am enroute to Graf to see if you want to see me.
Thank you again, sir.
VR,

03321'
2/17/2005
-2a
DOD-047094
xequest tor Clemency: 1LT I‘T-Page 2 of 2
IMO
COMMANDER
709TH MP BATTALION

cakow,
11111111111/0
IMM¦11111
M1111111111111111116

WARRIORS
"ALWAYS A WARRIOR...ALWAYS A PROFESSIONAL"

2/17/2005

CO3215

DEPARTMENT OF THE ARMY
HEADQUARTERS, SEVENTH ARMY TRAINING COMMAND
OFFICE OF THE STAFF JUDGE ADVOCATE
urirr #26222
APO AE 09036

REPLY TO THE ATTENTION OF:
2
FEB 1 0 2005
AETV-BGJA
MEMORANDUM FOR Commander, Seventh Army Training Command, APO AE 09114
SUBJECT: Addendum to the StaffJudge Advocate Recommendation in the General Court-
& • -
Martial of First Lieutenant Glenn A. Niles, Jr. 2615 Military Police Company, APO AE 09114
1.
The enclosed R.C.M. 1105/1106 request for clemency has been submitted by the accused's defense counsel for your review. In accordance with R.C.M. 1107, you must consider these matters prior to taldng action on the case.

2.
The accused, through counsel, requests that you disapprove the findings of the court-martial, dismiss the charges and specifications against him, and issue him a General Officer Memorandum of Reprimand. I disagree; no corrective action is required.

3.
The following correction is noted to the Staff Judge Advocate's Post-Trial Recommendation (SJAR) dated 25 January 2005: para 6(a) should be changed from "None" to "Effective 4 August 2004, the convening authority deferred the adjudged forfeitures until such time as he takes action on the,case." This correction is made after submission of 1105 matters, as it has come to my attention through the defense counsel.

4.
In addition, defense counsel also notified the government that despite the approved deferment of adjudged forfeitures, finance has been taking money out of the accused's pay in order to satisfy the adjudged forfeitures. While not required by law, because of this error by finance, I reconunend that you approve only so much of the adjudged forfeitures of $1,003.00 per month for six months.

5.
I recommend that you approve only so much of the adjudged findings and sentence as provides for a reprimand and forfeiture of $1,003.00 per month for six months. The adjudged forfeitures were deferre,d effective 4 August 2004 until date of convening authority action.

P)t
25 Ends
1.
Clemency Petition/DC, dtd 8 Feb 05

2.
Clemency Petition/ACC, dtd 27 Jan 052Staff Judge Advocate

3.
OER thru 9 Jul 02

CO3216
6- 8 3
AETV-BGJA SUBJECT: Addendum to the Staff Judge Advocate Recommendation in the General Court-Martial of First Lieutenant Glenn A. Niles, Jr. , 615th Military Police Company, APO AE 09114
4.
OER thru 9 Jul 03

5.
Memo

6.
MFR,

7.
MFR,

8.
MFR,

9.
MF'R,

ad-0)2 (70 -z.,
10.
Mem

11.
Memo

12.
Memo

13.
Memo

14.
Memo

15.
Memo

16.
Memo

17.
MFR,

18.
MFR,

19.
Family Photos

20.
Family Photos 21-Lette411

22.
Diploma, Master of Arts — Counseling, Webster Univ, dtd 18 Dec 99

23.
"Welcome 615th MP Co" Bavarian-American Monthly, Apr 04 24 OER, through 30 Mar 04

25. Staff Judge Advocate Recommendation
2
2 G 321'7
3
AETV-BGJA-V-TDS 8 February 2005
MEMORANDUM FOR Commander, 7th Army Training Command, APO, AE 09114
SUBJECT: Petition for Clemency UP Rules for Courts-Martial 1105 & 1106 — United States v. 1LT Glenn A. Niles, Jr.
1.
These matters are submitted under Rules for Courts-Martial (RCM) 1105 and 1106 in regard to the general court-martial of 1LT Glenn A. Niles, Jr., 615th Military Police Company, Grafenwoehr, Germany. At trial, 1LT Niles pled guilty to one specification of Conduct Unbecoming an Officer and a Gentleman and was sentenced to be reprimanded and to forfeit $1003 per month for 12 months.

2.
1LT Niles respectfully requests that you disapprove the findings of the court-martial under RCM 1107 (c)(2), dismiss the charges and specifications against him, and issue him a General Officer Memorandum of Reprimand (GOMOR) in their stead. Such a grant of clemency is appropriate for the following reasons:

a.
Glenn Niles is an honorable man, an outstanding officer and a great American!! His misconduct on 30 July 2003 in Baghdad, Iraq is a complete anomaly – and it is extremely minor considering the circumstances. 1LT Niles has served his country honorably and with great distinction for more than four years. If a finding of guilty at a General Court Martial is approved in this case, the Army will soon lose an extraordinary asset in that 1LT Niles will have to be administratively separated from the service. With a conviction in his file, 1LT Niles' security clearance will be revoked and he will no longer be able to serve in the Army as an Officer. Such a result would be tragic for the Niles family, would amount to excessive punishment, and would needlessly damage the Krtiiy and the Military Police Corps.

b.
1LT Niles has never made any excuses for his conduct. From the moment that it happened, he has accepted full responsibility for his actions and has cooperated fully with government investigators and prosecutors. When a commander's inquiry was conducted, 1LT Niles waived his rights and prepared a sworn statement admitting to his misconduct in striking the three Iraqi prisoners at the Al Taji police station. He never lied or withheld information about his actions or encouraged his subordinates to cover for him. Likewise, at all stages of this case, 1LT Niles has acknowledged that his actions were wrong. He attempted to resign in lieu of GCM in October 2003, but his request was denied. At his Article 32 hearing, he candidly apologized to his NCOs and soldiers for letting them down – and at trial, the accused pled guilty to conduct unbecoming an officer and gentleman in violation of Article 133 of the UCMJ. These facts illustrate that he is an honorable man. As an accused in a court martial, 1LT Niles could have maintained his silence, asserted numerous defenses or forced the government to expend great resources to prove his guilt. However, because he is a man of the highest integrity, Glenn Niles chose none of these courses of action. Quite simply, he knows that he made a mistake and has done nothing other than step forward to accept responsibility.

C33218

,
AETV-BGJA-V-TDS
SUBJECT: Petition for Clemency UP Rules for Courts-Martial 1105 & 1106 — United
States v. 1LT Glenn A. Niles, Jr.

c.
For the ends of justice to be met, and for good order and discipline to be
maintained, punishment in a given case must be fitting to the offense committed.
Mitigation and extenuation must also be considered. Here, 1LT Niles' actions amounted
to nothing more than simple assault. The "victims" were three Iraqi youths who had
been detained for murdering a man and stealing his car.1 They attempted to escape
from detention by knocking a hole in the wall of the latrine at the Al Taji police station.
1LT Niles had been working non-stop for months in the extreme heat and sleep-
deprived conditions of Baghdad's non-traditional combat environment. When he
discovered that these three murder suspects had caused damage to the detention
facility, 1LT Niles simply snapped. He momentarily lost control and struck the
detainees. They were not injured; the entire incident lasted no more than five seconds.
To receive a federal criminal conviction and administrative discharge from the service
would be excessive punishment for this misconduct. A GOMOR is much more
appropriate and just.

d.
Indeed, a GOMOR or other administrative resolution has been the
recommendation of 1LT Niles' leaders throughout this entire case. His company,
battalion and brigade commanders at the time of the incident all supported lesser
disposition than at a GCM. They all agreed that 1LT Niles' misconduct – and the
extenuating circumstances present in Baghdad in July 2003 – simply did not warrant 2,{3,

th) -2/ such a severe outcome. Likewise, the Article 32 Investigating Officer in this case,111 0)-
01111.1.11111111¦1111.11111, recommended that 1LT Niles receive nothing more than a GOMOR in his restricted fiche. After reviewing all the facts and circumstances of this incident, LTC Vandersteen felt that it did not warrant disposition as a GCM.2
e. A lesser disposition is appropriate here primarily because of the caliber of
1LT, Niles_ as an officer, a soldier, and as a person. Throughout all phases of his career
in the military, he has distinguished himself and demonstrated incredible potential. Prior
to deployment, Glenn served as a Platoon Leader within the 615th MP Company in
Grafenwoehr. He greatly impressed both Company Commanders who rated him (See
Encl 2-3). During this timeframe, 1LT Niles also greatly impressed 1111111.1111111111111111111,
the 793rd Military Police Battalion XO who closely observed him during the unit's
preparation for deployment to Iraq. 1111111MIPt, who at the time of trial was just leaving
his position as the Provost Marshall for the Vilseck Military Community, actually delayed
his PCS travel so that he could provide character testimony at Glenn's trial. He testified
about his observations of 1LT Niles during his Platoon "Ex-Eval" prior to deployment for
01F. He found 1LT Niles to be a highly competent and resourceful officer, and a man
with "a very high level of character" (ROT, pg. 132). 2also stated that he would

See Article 32 testimony of1111111111111111111., Investigating Officer for Commander's Inquiry, page 16
of Article 32 summarized transcript, Record of Trial, Volume I.
2 The Article 32 Investigating Officer's Report is included in Volume I of the ROT. Please pay special
attention to2 comments on Continuation Sheet 3 of his report dated 19 May 2004
(specifically, II (6) of Item 21). He states a fundamental fact that is of critical importance in the case before
you: "junior leaders make mistakes." He also cites two relevant instances where certain individuals (GEN
Powell and BG Freakley) made mistakes early in their careers but were given second chances by their
leadership because of their demonstrated potential for success.

C33219
2
.) 3 3
AETV-BGJA-V-TDS SUBJECT: Petition for Clemency UP Rules for Courts-Martial 1105 & 1106 — United States v. 1LT Glenn A. Niles, Jr.
be more than comfortable serving with 1LT Niles in combat, and that he would want aj/Kel'i 2-Glenn as one of his company commanders under such circumstances.3
f. Similar testimony was received by the court from fellow officers and soldiers who served with 1LT Niles during 01F. Two of his peers – fellow platoon leaders with the 615th MP Company in Iraq – both attested to 1LT Niles' high quality as an officer.
rated Glenn as the best of the platoon leaders in the company and told of his complete confidence in Glenn's technical and tactical competence. He also relayed that 1LT Niles was the type of friend who would put his own needs aside to assist a comrade with even the most trivial matter.4 Likewise, 1111111111/11111111111111111111M– the officer who took over Glenn's platoon in Iraq after the incident – testified to the high state of readiness and discipline he found in the platoon when he arrived at Al Taji. He also told of 1LT Niles mentorship of his fellow platoon leaders who had less experience.5
g.
Several of 1LT Niles' subordinates also testified at trial. To a man, each of them told of their great respect for their former platoon leader. 11111111111111111111111 called 1LT Niles "a great leader" (ROT, pg. 101) and described his high level of professionalism and "genuine concern" (ROT, pg. 101) for his soldiers.4.1.11111111111, described him as a hard, mission-focused leader.' 1111111111111111, the platoon sergeant, described 1LT Niles as a "strong, high-standard leader ... very tactically proficient ... [whose] best trait is caring for soldiers" (ROT, pg. 120).8 And,111111111111110 one of the platoon's squad leaders submitted a written statement attesting to his similar opinion (Encl 4). Each of these men would gladly serve again under Glenn Niles' leadership.

h.
The most notable testimony, however, came from 1LT Niles' battalion leadership in Iraq. His Battalion Commander,1111111111MOP, observed Glenn's performance not only as a platoon leader, but also as a member of his battalion staff.5 He very clearly summarized his opinion of Glenn by telling the court members that "Lieutenant Niles can work for me anytime, anywhere that I go ... he can certainly command a company in any unit that I'm responsible for" (ROT, pp. 173-74).1° LTC

also wrote two letters of support for 1LT Niles at various stages of this
3 Summary offtal/MININON. found at ROT, pp. 128-136.
4 Summary of2 ound at ROT, pp. 137-148.
5 Summary of2 found at ROT, pp. 148-155.
6 Summary2 at ROT, pp. 93-112.
7 Summary of11111111011111111.111011111111111. found at ROT, pp. 112-118.
8 Summary of 11.11111111111111111011111110found at ROT, pp. 118-128.
9 After the incident at the Al Taji station, 1LT Niles was suspended from his position as Platoon Leader and
moved to Battalion Headquarters where he joined the staff of the S-3 as a Night Battle Captain in the
Battalion TOC in Baghdad.

14.111.1111b is one of the most highly respected leaders of the MP Corps and brings great credibility to
his assessment of ILT Niles' potential for continued service and advancement. He has over 18 years of
service as an MP officer and has held several key positions. He has commanded two companies, including
command of an MP company during Operation Desert Storm, and commanded the 793rd MP Battalion
throughout that unit's challenging and highly successful service during Operation Iraqi Freedom. He has
also served as the Chief of Officer Training at the MP School at Fort Leonard Wood in addition to several
varying staff jobs. His opinion of ILT Niles' potential should be given great credence.

CO3220

3
r=
/,.• )
DOD-047100
AETV-BGJA-V-TDS SUBJECT: Petition for Clemency UP Rules for Courts-Martial 1105 & 1106 — United States v. 1LT Glenn A. Niles, Jr.
proceeding which are attached (Encl 5-6). Similarly, Glenn's Company Commander,
41111¦111111Millialle wrote two letters in support of 1LT Niles' continued (bpg: service which are also attached (Encl 7-8). Likewise, many other officers on the battalion staff observed Glenn's performance and submitted powerful letters on his orD-z-behalf (Encl 9-14). Even the Battalion CSM recognizes that 1LT Niles "should be salvaged" (Encl 15).
i.
1LT Niles' true character is illustrated by the following incident: at the Article
32 hearing, 1LT Niles asked me to arrange for his former Platoon Sergeant and several
other subordinates to be present in the courtroom when he made his statement so that,
he could address them as well as the Investigating Officer. Because of the incident, he
had been quickly removed from his position of leadership and had not had the
opportunity to speak with his former soldiers because of the pending hearing in which
they could be called as witnesses. His first opportunity to speak to them came in the
public forum of the Article 32 hearing as he tearfully and humbly thanked them for
"showing him what duty honor and courage was all about."11 This example shows what
type of leader – and the quality of person – that Glenn Niles is.

j.
At the court martial on I July 2004, Glenn continued to accept responsibility
and step forward to accept his punishment. He demonstrated complete candor with the
military judge who accepted his plea of guilty on the charge of conduct unbecoming an
officer and a gentleman. After hearing all the evidence in mitigation and extenuation,
the military panel of ten officers decided that 1LT Niles should be retained in the service
and given a chance to soldier on. They could have sent him to jail for up to a year
and/or dismissed him from the service. However, they appropriately chose to adjudge
neither of these options, ordering instead that 1LT Niles forfeit some of his pay and that
he be reprimanded for his actions.

k.
After receiving his sentence, 1LT Niles has continued to live the seven Army
values. When he was returned to his unit, he was assigned duties as the Company XO
for the 615th MP Company. In this position, Glenn has continued to impress his
superiors. Both his Battalion and Company Commanders submitted letters for your
consideration which detail his outstanding service since his court martial (Encl 16-17).

I.
Through is all, Glenn Niles has remained a committed family man with aN(h)(4,) wonderful and loving family (Encl 18-19). 2 ,/

0.111111111.1.111111111., rely on him for their support. 1LT Niles wants nothing more Lfgdf
than to continue providing for his family by serving in our great Army. Please also
consider the attached letter froma/Mai(Encl 20) in support of your decision to
disapprove the findings in this case.

m. Finally, please consider three additional attachments. I have included a copy
of 1LT Niles' diploma showing the awarding of his Masters Degree in Counseling (Encl
21), an article published in the Bavarian-American Monthly magazine detailing the

The audio tapes of this hearing are in the possession of the Court Reporter at the Office of the Staff Judge
Advocate, I st Infantry Division, in Wurzburg, Germany.

CO3221
4
AETV-BGJA-V-TDS SUBJECT: Petition for Clemency UP Rules for Courts-Martial 1105 & 1106 — United States v. 1LT Glenn A. Niles, Jr.
challenges and accomplishments of the 615th MP Company during OIF (Encl 22), and
1LT Niles' most recent OER which was closed out before his court martial (Encl 23). This evaluation details 1LT Niles' service on the 793rd MP Battalion staff.
3.
For these reasons, 1LT Niles respectfully requests that you grant him clemency in the form of disapproving his finding of guilt, dismissing his charges and issuing him a GOMOR. This course of action meets the ends of justice and keeps a great officer in uniform! It is a win, win situation.

4.
Please include a copy of this memorandum in all copies of the Record of Trial. This memorandum was served via personal service on the Office of the Staff Judge Advocate, 1st Infantry Division, Military Justice Section, Wurzburg, Germany. On behalf of 1LT Niles, thank you for considering these matters submitted in clemency.

411111111110111t(46)(7)(c)%_2
23 Encl 011¦11.111111111.11111
1.
Accused's Request for Clemency, dtd 8 Feb 05 181.11.1P

2.
OER, thru 09 Jul 02 Trial Defense Counsel

3.
OER, thru 09 Jul 03

4.
Memo for Members, WON" dtd 28 Jun 04

5.
MFR,2, dtd 25 Jan 04

6.
MFR,2, dtd 30 Oct 03

7.
MFR,2 , dtd 28 Jan 04

8.
MFR,2 , dtd 14 Oct 03

9.
Memo for Members,2dtd 25 Jun 04

10.
Memo for Members, , dtd 29 Jun 04 u.2; 2)(C) 2

11.
Memo for Members,2, dtd 28 Jun 042

12.
Memo for Members,2dtd 28 Jun 04

13.
Memo for Members,2 , dtd 28 Jun 04

14.
Memo for Members,2, dtd 21 Jun 04

15.
Memo for Members,2dtd 24 Jun 04

16.
MFR,2dtd 01 Nov 04

17.
MFR,2dtd 15 Nov 04 18-19.111111.1111111111111111 undtd

20.
Letter,111111111111111111111111111119, dtd 8 Feb 05 W43)1,;(7k

21.
Diploma, Master of Arts – Counseling, Webster Univ., dtd 18 Dec 99

22.
"Welcome 615th MP CO," Bavarian-American Monthly, Apr 04

23.
OER, thru 30 Mar 04

5 CO3222
0 8 3 DOD-047102
REMOVED BATES PAGES 3223 - 3251
(RECORD OF TRIAL - 1LT GLENN A. NILES, JR.)

(29 TOTAL PAGES)

DOCUMENTS CONSIST OF PERSONAL LETTERS WRITTEN TO THE
CONVENING AUTHORITY BY FAMILY AND FRIENDS ON BEHALF
OF 1LT NILES AND OTHER RECORDS CONTAINING PRIVATE
INFORMATION, WHICH WERE DETERMINED TO BE
NONRESPONSIVE TO PLAINTIFF'S FOIA REQUEST

3222 A

DOD-047103
ARTICLE 32 INVESTIGATION

G63252.
SEE PNYACY ACT STATEMENT
OFFICE EvALUATION REPORT
FO/ Ift1 of ads has au ARIES-115;0e proponent may k °DUPER ON DA F08811741
PART I -ADMINISTRATIVE DATA
a NM/Elam cantata:Waif*-I b. SSA I am r a. eme or ear 0., u nom s „mom-/-ON
N1L,ES, GLENN C. I-1LT 31A
2002 11 10 MP
I. met ORB, UNION ZIP CODE OR APO. MAJOR COMIAM10 tr. REASON FOR SUBABSStOn
HIM, 709th Military Police Battalion APO AE 09165 USAREUR 03-I Change of Rater
A RATED k NONRATED I. No. OF IL RATED AFRCER COPT (Chub so. so4 Lbw) %Si: CNA COE
L PERIOD COVERED p. PSB CODE
PAWN COVES EEL
net 1 Lem ts Niter

y--r IT= 1-Day
EU17
1 82003] 0;1 10-2004 03 30 L Forwarded Is Offkor UH
PART 11. AUTHENTICATION /Rated officer's dram verifies office hos um completed OER Parts I.V-date k DM-I
eine OFRATER tat fiat. IM-RANK PURTell-OAT(
I SSM .­
111111111 Battalion S3
411111111111111111110111.0 •
_.
b. NAME OF INTERMEDIATE RATER WI. &KAN RAN PDSMON DAII
1. VAINE OF ADM RATER Ron. First IN RAN TAMA BIS DAR
_
11111.111111111111111-
BRANCH SEIM RATER TELEPHONE INDER r-VWON RATER'S ORBANDATION
7.-,-, I, y .-•
MID, 709th MP Battalion MINIPIP­
gat..1­
, . 1 ;
APO AE 09165 DATE
Yoe onnesnts re Mudd
PART RI • DUTY DESCRIPTION
e. PRINCIPAL DUTY TITLE Assistant S3 (Operations) b. PearteliAocian 31A/MP
n SICNIRCANT INITIEs !I laD RESPoRRIERDIES REFER To PART Me DA FORAM-RI
Assistant S3 (Operations) for a forward deployed TO&E Military P • lice Battalion. consisting of an HHD and five
Military Police Companies stationed in Baghdad, Iraq iii support of Operation Iraqi Freedom. Principle duty as
Battle Captain, responsible for dissemination of timely and accurate information to and from subordMate units;
conducts TOC operations to in.clude directing units during engagem- • ts. Also assigned as the Battalion L,NO to
the Iraqi Police, responsible for coordWation of Mformation and equi • • ent for 14 Iraqi Police Stations in
Baghdad. Responsible for coordination and set up of two weekly meet' i Is with Military Police leadership and the
Iraqi Police leadership.

affalp.)-Z '1(7 -C--) - a-
,
PART TV • PERFORMANCE EVALUATION • PROFESSIONALISM (Rated
CHARACTER Disposition of the kader. combination of values, attringes, and MN electing leader actions
a.-ARMY VALUES ICIsrarents amedatery hs WI "NO" entries-Um PART VIIJ-Y.flo. Y.lie
i . Helga Adherence tro the Army's rabldy declared auk of values X 5. RESPECT: Promotes daity, considaation, fairness, & E0 X
2.
INTEGRITY: Possesses ligh pen:anal mono standards tarot in word and deed X 6. SELFLESS.SERVICE: Places Amy priorities before self

3.
COURAGE: Manifest: Ohy:Ical ma mond breast 7. DUTY: fulfik Prefesdonal, legal, and morel apathies

4.
LOYALTY: ems me faith and alkgiance to the U.S. Constitution. aro Amer, deceit, end eu sokiss X

b. LEADER ATTRIBUTES I SKILLS / ACTIONS: first, mark 'YES" or 'NW la each Mock Second, choase a total ol slx that best deserts the riled officer. Select One hOrn ATTRIBUTES, two hom SKILLS (Competence), and three from ACTIONS
(ILADERSMPL Place an "X" in tios appropriate numbered box with optional comments in PART Vb. Comments are mandatory ill
Part Vb for all "No" entries.

ILI. ATTRIBUTES (Select 11 2-__I MENTAL NO 2ci PHYSICAL NO 21 EMOTIONAL NO
Fundarnontel qualties and Possesses desire, will, initiative. and disclaim Maintains appropriate lewl of physical Displays sell-sontrd; calm under pressure
dtarecteriake Woos and eatery bearing

b.2 SKILLS (Competence! ..1_1 CONCEPTUAL NO l INTERPERSONAL NO , X I TECHNICAL NO
ISalarl 7) ----Dernonsirelos sound pir--1:751Thcalfcreabse thole% moral Shows hilTiiith people: coachng. leachng, l sisses-ih—necessery expertise to
e00110 cornering motivating end empowering eccormAsh ai tasks airt functionsNA development is part of self­
lavekpment, prerequisite To BMW X TACTICAL Demonstrates proficiency in required prolestional knowledge, ludgment. and warlighting I YES 1 li
LI ACTIONS ILEAPERSHIPI (Select 31Najor activities leaders perfomr influencing, operating, and improving
INFLUENCING 2,(1 COMMUNICATING x NO 2:_i DECISIONMAKING NO 2j MOTIVATING )14 NO
Method of raiding goak Wile Displays good oral, written, and Tittering skills for inisiduak I Employs sound kdgment, logical reasoning Matins, motivates, and Oda others toward
elwalthg-14111Provint-endeserresteressioNgly mason accommsnmm
OPERATING X PLANNING NO _)__j EXECUTING NO _LI ASSESSING NO
Short-term mission Develops detailed executable plans that are feasible. acceptable Shows tactical proficiency, meets mission Uses after-action and evaNation toob to
accomprishment end salable standards, alA blileS CUB Ot peophiresources facifitele consistent improvement
IMPRMING _LI DEVELOPING NO ..2j BUILDING /94 ND 2:_l LEARNING 4 No
vermimprovemeni in Me Army Invests adequate time and effort to develop Spends time end resources improving teams, Seeks selfIrnproventent and organizational amnia end otearizations inchidual suborcinates as leaders amps and units fosters ethical climate growth; awkioning, adapting and leafing chanra ,.. ^ r ej
APFT: PASS-DATE: JAN 2003-Kim 71-WEIGHT: 237-YES­
C 0-i 4 J
JUNIOR OFFICER DEVELOPMENT -MANDATORY YES PR ND ENTRY FOR RATERS OF LT: AND WOls.
YES NO
Isaac nom' not/muse' T A eve are mama nas ran mate al n t.. nun nit n MEDI v Ent 1 n,s1 Ito rnt !RICCI wee ram' irrEn1
a
I FORM 67-9, OCT 97 REPLACES DA FORM 07.13, 1 SEP 79, WHICH IS OBSOLETE, 1 OCT 97 USAPA V2.01
NAME rnix,N, CiLENN C. PERIOD COVER,— — 20040330 -- PART V - PERFORMANCE AND POTENTIAL EVALUATION (FlatesT— a EVAWATE THE RATED OFFICER'S PERFORSIANCE DURING THE RATING PERIOD AND RIMIER POTENTIAL FOR PROMOTION
IRI OUTSTANDING PERFORMANCE-,-SATISFACTORY PERFORMANCE,-UNSATISFACTORY PERFORMANCE,-OTHER MUST PFIOMOTE PROMOTE-DO NOT PROMOTE-(Explain)
b. COMMENT ON mem ASPECTS OF THE PERFORMANCE AND POTENTIAL FOR PROMOTION REFER TO PART Ilh DA FORM 67-9 AND PART Mt h, AND e DA FORM 67-9 1.
During this short rating period, LT Glenn Niles performed his duties as a Battle Captain and Iraqi Police LNO in
an outstanding manner during Operation Iraqi Freedom in Baghdad, Iraq. Glenn approached the job with great
enthusiasm and an eagerness seldom seen in an officer of his rank. He quickly grasped the duties of Battle
Captain which resulted in smooth TOC operations under his watch. LT Niles was able to calmly direct combat
operations making on the spot decisions without hesitation. He embraced the tough job as LNO to the Iraqi
Police and did an outstanding job. He coordinated countless meetings between the Military Police and Iraqi
Police leadership, which ensured critical communication, resulting in improved policing across West Baghdad.
He was instrumental in outfitting and equipping hundreds of Iraqi Police officers and fourteen Iraqi Police
stations, allowing the Iraqi Police to do their jobs in a more professional manner.

_
LT Niles has great potential and will continue to excel; promote him to Captain and send him to the next
Captain's Career Course. Consider for Company Command.

.
• WORMY ANY UNIOUE PROFESSIONAL SKILLS OR AREAS OF EXPERTISE Of VAUJE TO THE ARMY THAT THIS OFFICER POSSESSES. FOR ARMY COMPETITIVE CATEGORY CPT THROUGH
LTC, ALSO INDICATE A POTENTIAL CAREER FIELD FOR FUTURE SERVICE

.-PART VI -INTERMEDIATE RATER
PART VII -SENIOR RATER
• EVALUATE THE RATED OFFICER'S PROMOTION POTENTIAL TO THE NEXT HIGHER GRADE
1 nuns* ttrint Me I 0 °Murk) In DE1 rah
A mealtime/ DA km61.31%13 natal Mk Thimport snlonskhrolin wqmhilatin owl rwhw
P-4 BEST QUALIFIED-I-FULLY OUALIFIED a-DO NOT PROMOTE-I-OTHER IbAkk &kw) II9 Egaied
M nS­
k POTENTIAL CONWARED WITH OFFICERS SENIOR RATED IN SAME a COMMENT ON PERFORMANCUPOTENT1M. GRADE (OVERPRINTED BY DM
1LT Niles is an outstanding leader who distinguished himself during combatoperations in support of Operation Iraqi Freedom in Baghdad, Iraq. As a BattleCaptain, 1LT Niles excelled in every aspect of a very demanding and stressful
ABOVE CENTER OF MASS
Rens than 60% in top bolc Centel' al
position. Glenn is a caring and compassionate warrior leader and an officer of
Massif MI ortnore hi Iv boil
incredible integlity and honor. Pnnnote to Captain, send-to-the-Captain's-Caner--Ue) /f:i W -t-Course, and place himin conunand. 1LT Niles has excellent potentiaL___ _____
1
EPCENTER OF MASS
-
BELOW CENTER OF MASS
RETAIN

BELOW CENTER OF MASS
d. UST 3 FUTURE ASSIGNMENTS FOR WHICH THIS OFFICER IS BEST SUITED. FOR ARMY COMPETITIVE CATEGORY CPT THROUGH LTC,
DO NOT RETAIN ALSO INDICATE A POTENTIAL CAREER FIELD FOR FUTURE SERVICE

-
Company Commander, Battalion Assistant S3, Battalion Sl.
+
DA FORM 67-9, OCT 97 (Reverse)
DOD-047106
DEPARTMENT OF THE ARMY
HEADQUARTERS, 7th ARMY TRAINING COMMAND
OFFICE OF THE STAFF JUDGE ADVOCATE
UNIT #28130
APO AE 09036

REPLY TO THE ATTENTION OF:
AETV-BGJA
JAN 2 5 2005
MEMORANDUM FOR Commander, 7th Army Training Command, APO AE 09114-8130
SUBJECT: Staff Judge Advocate's Post-Trial Reconunendation in the General Court-Martial of
th
First Lieutenant Glenn A. Niles, Jr2615 Military Police Company, APO AE 09114
1.
PURPOSE:-To obtain your decision in the general court-martial case of First Lieutenant Glenn A. Niles, Jr., '2;, 615th Military Police Company, APO AE 09114

2.
SUMMARY OF CHARGES, PLEAS AND FINDINGS:

CHG ART SPEC SUMMARY OF OFFENSES2 PLEAS FINDINGS
93212At or near the Al Taji Police Station, Baghdad, NG 2NG
Iraq, on or about 30 July 2003, was cruel
toward and did maltreatallit, a person
subject to his orders, by striking him in the
stomach with a closed fist.

22At or near the Al Taji Police Station, Baghdad, NG 2NG Iraq, on or about 30 July 2003, was cruel toward and did maltreat11111, a person subject to his orders, by striking him in the stomach with a closed fist.
32At or near the Al Taji Police Station, Baghdad, NG 2NG Iraq, on or about 30 July 2003, was cruel toward and did maltreating., a person- subject to his orders, by kicking him in the shoulder.
01,eLbA
CO3255
2 0 0 4 0 6 8 3
DOD-047107
AETV-BGJA SUBJECT: Staff Judge Advocate's Post-Trial Recommendation in the General Court-Martial of
th2• •
First Lieutenant Glenn A. Niles, Jr., 2, 615 Military Police Company, APO AE
1332The2At or near Al Taji Police Station, Baghdad,
Iraq, on or about 30 July 2003, while a platoon
leader in the 615th Military Police Company,
and in the presence of soMil .,.\c4,)2..,C7ki z
NW and 11111111111110., wrongfull and
dishonorably grab2. y the neck and2a
strike him in the stomach with a closed fist
wrongfully and dishonorably strike2. m
the stomach with a closed fist, and while being
detained by2wrongfully and —(h)t) 2,,,e7kj
dishonorably kick2. in the shoulder, all to
the disgrace of the Of er's Corps, and the
Armed Forces.

040)11 C
3.
SENTENCE: Sentence was adjudged on 1 July 2004: To be reprimanded and to forfeit $1,003.00 per month for 12 months.

4.
PRETRIAL AGREEMENT: The convening authority agreed to disapprove any confinement adjudged in excess of 45 days. Any other lawful punishment may be approved. You may approve the sentence as adjudged.

5.
CLEMENCY RECOMMENDATIONS BY TVE SENTENCING AUTHORITY: None.

6.
APPROVED DEFERMENT/WAIVER ACTIIONS:

a.
Forfeitures: None.

b.
Reduction in Rank: None.

c.
Confinement: None.

7. BACKGROUND OF THE ACCUSED:
a. Time in Service: The accused has been in the U.S. Army for approximately 4 years
and 1 month: 7 November 2000 – present, U.S. Army
b. Current Enlistment and Term: 10 May 2001, 3 years, plus an extension of 4 months.
2
0 0 4 0 6 8 3
DOD-047108
AETV-BGJA SUBJECT: Staff Judge Advocate's Post-Trial Reconunendation in the General Court-Martial of First Lieutenant Glenn A. Niles, Jr.2, 615th Military Police Company, APO AE
c.
ETS Date: October 2004.

d.
Basic Branch: 31A00/Military Policeman.

e.
Awards: National Defense Service Medal, Global War on Terrorism Expeditionary Service Medal, Global War on Terrorism.Service Medal, Army Service Ribbon. The accused is authorized to wear a combat patch on his right sleeve.

f.
Dependents: Married with three children.

g.
Civilian Education: Master of Arts Degree from Webster University, Saint Louis, Missouri and a Bachelor of Psychology Degree from College of Charleston, South Carolina.

h.
Prior Convictions/Article 15s: None.

Restrictions on Liberty: The accused was required to physically check in at the company and subsequently call the company twice a week from 3 February until 1 July 2004. The defense counsel did not determine these to be an Article' 13 issue nor restriction tantamount to confinement. (See ROT page 58)
j. Pretrial Restraint: None.
8.
POST-TRIAL MATTERS SUBMITTED BY THE ACCUSED: This recommendation and an authenticated copy of the record of trial will be served upon the accused and his defense counsel. Any matters submitted by or on behalf of the accused pursuant to R.C.M. 1105 or 1106(f) will be provided to you. In accordance with R.C.M. 1107, you must consider all written defense submissions prior to taking action in this case.

9.
RECOMMENDATION: I recommend that you approve the sentence as adjudged.

Aos.2t 10)CC)—it
3 Encls
1.
Report of Result of Trial

2.
Record of Trial Staff Judge Advocate

3.
Proposed Action

3
033257
0 0 4 0 '6 8 3 DOD-047109
.
INVESTIGATING OFFICER'S REPORT
(Of Charges Under Article 32, UCMJ and R.C.M 405, Manual for Courts-Martial)
1a. FROM: (Name of Investigating Officer -b.2GRADE c.2ORGANIZATION d. DATE OF REPORT
Last, First, MI)

19 MAY 2004
GTA Operations and Plans

09114

• ilin. 100th ASG, APO AEG

2a. TO: (Name of Officer who directed the b.2TITLE c. ORGANIZATION Investigation -Last, First, MI)
HQ,GAPO AEG

IMMMIMMOMMOMMOK VOINNIMMIS 100th ASG,G09114
3a. NAME OF ACCUSED (Last, First, MI) b. GRADE c.2SSN d. ORGANIZATION ,e. DATE OF CHARGES
615 MP CO
NILES,GJr. APO AEG30 SEP 2003

Glenn A.G1LT 09114

YES NO
(Check appropriate answer)
4.
IN ACCORDANCE WITH ARTICLE 32, UCMJ, AND R.C.M. 405, MANUAL FOR COURTS-MART1AL, I HAVE INVESTIGATED THE CHARGES APPENDED HERETO (Exhibit 1)

5.
THE ACCUSED WAS REPRESENTED BY COUNSEL (If not, see 9 below) X

6.
COUNSEL WHO REPRESENTED THE ACCUSED WAS QUALIFIED UNDER R.C.M. 405(d)(2), 502(d) X

X
7a. NAME OF DEFENSE COUNSEL (Last, First, MI) b. GRADE 8a. NAME OF ASSISTANT DEFENSE COUNSEL (If any) b. GRADE
MIIIIIIIIIIIIIIIIINIm Me
c. ORGANIZATION (If appropriate) c. ORGANIZATION (If appropriate)
US Army Trial Defense Service

d. ADDRESS (If appropriate) d. ADDRESS (If appropriate)
Region IX,G

Trial Defense Service
Vilseck Branch Office, APO AEG

09112

9.2(To be signed by accused if accused waives counsel. If accused does not sign, investigating officer will explain in detail in Item 21.)
a. PLACE b. DATE
I HAVE BEEN INFORMED OF MY RIGHT TO BE REPRESENTED IN THIS INVESTIGATION BY COUNSEL, INCLUDING MY RIGHT TO CIVILIAN OR MILITARY COUNSEL OF MY CHOICE IF REASONABLY AVAILABLE. I WAIVE MY RIGHT TO COUNSEL IN THIS INVESTI­GATION.
c. SIGNATURE OF ACCUSED
10. AT THE BEGINNING OF THE INVESTIGATION I INFORMED THE ACCUSED OF: (Check appropriate answer) YES NO
a.
THE CHARGE(S) UNDER INVESTIGATION X

b.
THE IDENTITY OF THE ACCUSER X

c.
THE RIGHT AGAINST SELF-INCRIMINATION UNDER ARTICLE 31 X

d.
THE PURPOSE OF THE INVESTIGATION X

e.
THE RIGHT TO BE PRESENT THROUGHOUT THE TAKING OF EVIDENCE X

f.
THE WITNESSES AND OTHER EVIDENCE KNOWN TO ME WHICH 1 EXPECT TO PRESENT X

g.
THE RIGHT TO CROSS-EXAMINE WITNESSES X

h.
THE RIGHT TO HAVE AVAILABLE WITNESSES AND EVIDENCE PRESENTED X

i.
THE RIGHT TO PRESENT ANYTHING IN DEFENSE, EXTENUATION, OR MITIGATION X

j.
THE RIGHT TO MAKE A SWORN OR UNSWORN STATEMENT, ORALLY OR IN WRITING X

11a. THE ACCUSED AND ACCUSED'S COUNSEL WERE PRESENT THROUGHOUT THE PRESENTATION OF EVIDENCE (If the accused or counsel were absent during any part of the presentation of evidence, complete b below.)
X
b. ST ATE THE CIRCUMSTANCES AND DESCRIBE THE PROCEEDINGS CONDUCTED IN THE ABSENSE OF ACCUSED OR COUNSEL
NA

`. \

Cta(kotW -2- ) OCC) - 2._
NOTE: If additional space is required for any item, enter the additional material in Item 21 or on a separate sheet. Identify such material with the proper numerical and, if appropriate, lettered heading (Example: "7c") Securely attach any additional sheets to the form and add a note in the appropriate item2of the form: "See additional sheet."
DD FORM 457, AUG 84 (EG) -EDITION OF OCT 69 IS OBSOLETE.
C63258
DOD-047110

12a. THE FOLLOWING WITNESSES TESTIFIEF NDER OATH: (Check appropriate answer)
NAME (Last, First, MI) ._.GRADE (If any) ORGANIZATION/ADE S (Whichever is. appropriate) YES NOMIIIIIIimmalmil __: Um 709th MP Battalion X iiii111111111111¦1111110. Oa Tripler Army Medical Center X
92nd
MP Company X

=I
615th MP Company

ONMIXIIIIIIIIMMili OM 615th MP Company x NM 615th MP Company x gift Grafenwoehr,GX
Germany

aa Cb)CO - ZG

-
.I.CV) 111"
b. THE SUBSTANCE OF THE TESTIMONY OF THESE WITNESSES HAS BEEN REDUCED TO WRITING AND IS ATTACHED.
13A. THE FOLLOWING STATEMENTS, DOCUMENTS, OR MATTERS WERE CONSIDERED; THE ACCUSED WAS PERMITTED TO
EXAMINE EACH.

DESCRIPTION OF ITEM LOCATION OF ORIGINAL (If not attached)
Charge Sheet dated 30 SEP 2003 X

Commander's Inquiry Results by X
CPT Searl dated 7 AUG 2003 with
Enclosures 1-9

1LT Niles ORB as of 20030828 X

1LT Niles OER dated 10 JUL 2002 X

1LT Niles OER dated 9 JUL 2003 X
b. EACH ITEM CONSIDERED, OR A COPY OR RECITAL OF THE SUBSTANCE OR NATURE THEREOF, IS ATTACHED
X
14. THERE ARE GROUNDS TO BELIEVE THAT THE ACCUSED WAS NOT MENTALLY RESPONSIBLE FOR THE OFFENSE(S) OR NOT COMPETENT TO PARTICIPATE IN THE DEFENSE. (See R.C.M. 909, 916(k).)
X
15. THE DEFENSE DID REQUEST OBJECTIONS TO BE NOTED IN THIS REPORT (If Yes, specify in Item 21 below.)
X
16. ALL ESSENTIAL VVITNESSES WILL BE AVAILABLE IN THE EVENT OF TRIAL
X
17. THE CHARGES AND SPECIFICATIONS ARE IN PROPER FORM
X
18. REASONABLE GROUNDS EXIST TO BELIEVE THAT THE ACCUSED COMMITTED THE OFFENSE(S) ALLEGED
X
19. I AM NOT AWARE OF ANY GROUNDS WHICH WOULD DISQUALIFY ME FROM ACTING AS INVESTIGATING OFFICER.
(See R.C.M. 405(d)(1).
X
20. I RECOMMEND:
a.)IeL BY IIIPUMMARY co-ipEciAL rimENERAL COURT-MARTIAL
b. OTHER (Specify in ltem 21 below)
21. REMARKS (Include, as. necessary, explanation for any delays in the investigation, and explanation for any "no" answers above.)
a.G

SUMMARY OF FACTS/DISCUSSION OF EVIDENCE

(1) The facts of the case are not in dispute with respect to the striking
of prisoners - not in self-defense - by 1LT Niles,G

and the evidence presented
was sufficient to support the charge.G

All witnesses present at_the alleged
incident agree that 1LT Niles wrongfully struck three prisoners that were in
custody at Al Taji Police Station in Baghdad.G

This fact is supported by the
sworn statements of the soldiers present at the incident,G

their sworn
testimony at the hearing,G

and the sworn statement of 1LT Niles.

(2) The testimony of allG with the

individuals questioned at the hearing,Gexception of 01111011•11111111111110 (1011.1=00), testified that 1LT Niles was wrong to strike the prisoners.
22a. TYPED NAME OF INVESTIGATING OFFICER b. GRADE c. ORGANIZATION
Operations and PlansGIllmmimmiammiumgc-no-ASG, APO AEG4,./ U.,,, 4, j Z-:
GTA,G i',. ,r) 014) r t.,
00th 09114G
d. SIGNATURE OF INVESTIGATING OFFICER e. DATE
18 MAY 2004

,

-.

DOD-047111
CONTINUATION SHEET 1, DD FORM 457, PERTAINING TO NILES, Glenn A. Jr., 1LT,
615 MP CO, APO AE 09114

DESCRIPTION OF ITEM LOCATION OF ORIGINAL (If not attached) YES NO
LOR fromGdated
25 JAN 2004

LOR from 011111.dated
28 JAN 2004

alefo02,0.ti-z_
CVE of 011111.1•11111111111111.

Item 21, continued:

(3) The evidence presented byG'GANIMMINIMIMOMMit),
and somme, suggests that 1LT Niles was shocked by his own actions.
1LT Niles was described by his platoon members as a man seldom at a loss for words.
Immediately following the incident, 1LT Niles was incapable of speaking or
responding to the angry actions ofiNNININIMMIS who had pulled him away from the
prisoners. 1LT Niles has repeatedly accepted responsibility and shown remorse
following the incident according to the testimony of 1.11.1111111111.111111.11111.0101111110Millat

11111.11.100r and immummmommit.
. (4) Witnesses testifying at the hearing stated that 1LT Niles should not be
punished by court martial. ONMOOMMIR (Inquiry Officer), was not asked for a
recommendation for disposition of the charges, but stated that 1LT Niles should not
command soldiers in the future as a result of his actions.

(5)
1LT Niles' Company Commander and Battalion Commander in Iraq presented
Letters of Recommendation for 1LT Niles, and also testified in the hearing that they
would gladly serve with him againAMMOMMOW IMMIIMMOW, andiMOMMOMOMMOt all
testified that he was a good platoon leader and would serve with him again. There
was no testimony to contradict the fact that 1LT Niles' chain of command and his
soldiers thought him to be a good leader and passionate about the welfare of his
soldiers.

(6)
There was no conflicting evidence presented at the hearing with respect to
the two charges 1LT Niles is charged with.

(7)
The three prisoners that 1LT Niles allegedly struck were not available for
the hearing, and they will likely not be available for any court-martial
proceedings.

(8)
All witnesses that served with 1LT Niles testified that all soldiers in the
platoon were under enormous stress because of environmental conditions and ever
present danger.

(9)
All witnesses, with the possible exception ofIMMINIMMOW, were credible
witnesses. 41111101111MIM could not form a reasonable judgment with respect to the
charge of maltreatment as to whether 1LT Niles was wrong to strike the prisoners.
He testified that he was about 25% complete with his study and dnalysis of 1LT
Niles' case.

b.
COMPARING EVIDENCE TO CHARGES/RECOMMENDATION OF CHANGES TO CHARGES

(1)
There are reasonable grounds and sufficient proof to support violations of
Article 93, Cruelty and Maltreatment, and the three specifications of striisin
prisoners listed in the charge sheet. i;lg.12G0

DOD-047112
CONTINUATION SHEET 2, DD OFFN 457, PERTAINING TO NILES, 7:17enn A. Jr., 1LT,
615 MP CO, APO AE 09114

Item 21, continued:

(2)
There are reasonable grounds and sufficient proof to support a violation of
Article 133, Conduct Unbecoming an Officer and Gentleman.

(3)
I do not recommend a change to the charges. Article 93 should not be
changed to Assault and Battery because the prisoners were subject to his orders at
the time of the incident.

c.
DEFENSE-REQUESTED OBJECTIONSG

None.

d. RECOMMENDATION FOR DISPOSITION OF CHARGES

(1)
I recommend that 1LT Niles not be charged by Court-Martial. I further
recommend a General Officer Memorandum of Reprimand, but placed in the restrictive
fiche of his OMPF.

(2)
There was never any question as to whether or not ILT Niles committed
misconduct. 1LT Niles admitted misconduct in his statement, has never denied
wrongdoing, and the incident was witnessed by three soldiers under his supervision.
It is all supported by sufficient evidence. 1LT Niles should be punished as a
result. The question for the hearing officer and the appointing authority is how to
dispose of this case when considering matters of extenuation, mitigation, deterrent
effect; and also, the best interests of 1LT Niles, his unit, and the United States
Army. I did not take into account the reports related to the Abu Ghraib prison
scandal. These are two separate events, under different circumstances.

(3)
Matters of extenuation. Testimony indicated that all soldiers in 1LT
Niles' unit suffered similar environmental and danger related hardships throughout
their tour of duty. Few received more than a few hours of sleep each night. 1LT
Niles snapped; other soldiers did not. Leaders, nonetheless, also have greater
burdens with respect to their responsibility for mission accomplishment and caring
for soldiers. By all accounts, 1LT Niles was a passionate leader who cared about
both his mission and his soldiers. This was the testimony of 1LT Niles' chain of
command and his soldiers. The pressures of mission accomplishment included the
administration of Iraq police stations for which 1LT Niles had no experience (MPs
receive provost marshal training as captains), and the training of Iraqi police.
There are many accounts throughout American history where leaders made mistakes
under the pressure of their commands. Gen Sherman had a breakdown prior to
Vicksburg; LTG Patton slapped a soldier. The enormous burdens of our leaders in
combat cannot be judged by the same standards of a peacetime army.

(4)
Matters of mitigation. Up to the point where 1LT Niles struck three
prisoners, and since that event, 1LT Niles has been an exemplary lieutenant. His
commander described in testimony that although he made many of the usual
developmental mistakes that his peers made, he was nonetheless a good officer. 1LT
Niles received recommendations for future service from his company commander and
battalion commander. Both would gladly serve with 1LT Niles in the future. The
soldiers under 1LT Niles who testified at the hearing all were impressed by his high
standards and would serve with him again, also. In particular,Gwas
passionate describing his service with 1LT Niles: "I would take leutenant Niles
with me again, down range again." His OERs indicate that 1LT Ni es has unlimited
potential as an officer.

(cont.)
CAY2:G

A'—') 2--G 3 2 6
CONTINUATION SHEET 3, DD f*RM 457, PERTAINING TO NILES,77::enn A. Jr., 1LT,

615 MP CO, APO AE 09114

Item 21, continued:

(5)
Deterrent Effect. This issue was raised by counsel during the hearing, and
the witnesses indicated that striking a prisoner was the end of a career; therefore,
this in itself would seem to deter maltreatment of prisoners alone. The evidence
indicates that 1LT Niles did not enter the police station with the intent of
striking prisoners. The event seemed to surprise everyone involved, including 1LT
Niles himself. There was no intent to harm; it was a sudden and unplanned action.
The fact that 1LT Niles was removed from his position, subjected to humiliation and
shame is a deterrent and reminder to other MPs not to place themselves in that sort
of position. This does not require court-martial to achieve deterrent effects.

(6)
The interests of 1LT Niles, his soldiers, and the United States Army.
According to testimony presented at the hearing, 1LT Niles is a good officer, a good
husband and father, and a good man. He already earned a masters degree in
counseling prior to receiving his commission, and in particular, he was interested
in helping troubled youths. According to his wife who testified at the hearing, 1LT
Niles always wanted to be a soldier and a police officer; as an MP he could "have
his cake and eat it too." He made one mistake. All of his efforts previous to the
striking of prisoners are greatly diminished by his actions. But his chain of
command believes in him, his soldiers believe in him, and they think he can overcome
this event. He should be given the chance to redeem himself while in uniform, and
use this event as an example to other leaders for the future. Throughout my career,
I've seen junior leaders make mistakes. But they were given the chance to overcome
them, based on their potential to the Army. Gen Powell relates how he was given a
second chance after losing his pistol as a young officer. BG Freakley once told me
how he committed an error as a 1LT commander by unlawfully restricting a soldier for
a weekend under lock and key in his supply room. Gen Powell was his brigade
commander at the time, and gave him a second chance, too.

ARTICLE 32 HEARING DELAYS

Original date of hearing: 5 April 2004

Defense requested delay dated 30 March 2004 for a hearing NET 26 April 2004 for
family reasons - approved by11111111111111111 9 April 2004

Defense requested delay dated 17 April 2004 for a hearing on 11 May 2004 for
psychiatric evaluations related to defense - approved by4011111111.20 April 2004

Defense requested delay dated 3 May 2004 for a hearing on 14 May because of

scheduling conflicts related to the defending counsel - approved by
on 3 May 2004.

G

Article 32 hearing was conducted on 14 May 2004. ael.,(4) j(-1@ L
C
SUMMARY OF THE PROCEEDINGS
The Deposition Testimony of2 in the case of
U.S. v First Lieutenant Glenn A. Niles was called to order at 0900 hours, 12 May 2004, Grafenwoehr Training Area, Building 621, 100th Area Support Group Conference Room, Grafenwoehr, Germany:
The following persons were present:
._6(4,„$ 0-*) "z-
Investigating Officer,
Trial CounseleMIIMIIIMM
Assistant Trial Counsel,
Defense Counsel, 1111111111111/11.11;

figsr Lieu-4'9414,1i leeo A:Alik=s
The Accused,111111111111111111111.10;
The Reporter,1111111111111111111111;
Assistant Reporter,111/11111111111111.0

41111.111111110111111111111011111¦111110.709th Military Police Battalion, was called as a witness, was sworn, and testified in substance as follows:
QUESTIONS FROM THE DEFENSE COUNSEL
Lieutenant Niles was a platoon leader in the 615th Military Police Company. The 615th Military Police Company was one of the units that fall under my battalion. I believe it was one
2
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DOD-047115
ag2
of the sergeants from the 615th Military Police Company that told the Commanding Officer
about the incident. I am not certain nor clear of the actual events. 41111111111011111111111,
411111111¦11 informed me of the incident, I agreed to remove Lieutenant Niles from his leadership position. I assigned the Lieutenant in the battalion staff. I appointed1101.11111. daito investigate the allegations against Lieutenant Niles. 111.1 ¦111114.started his investigation after consulting with the brigade Judge Advocate. He took sworn statements from the witnesses present at the incident. VVhile Lieutenant Niles was working at the battalion, he performed his duties very well. Even after the incident, he still performed very well. Lieutenant Niles told me what had happened. He took full accountability for his actions and he apologized. I asked him why he did it, and he could not give me a clear justification. I don't know how much stress Lieutenant Niles experienced, but it's clear to me tha.t he snapped and lost control. Lieutenant Niles was performing as Provost Marshall. He was responsible for the administration of an Iraqi Police station that contractors were building. Lieutenant Niles was also responsible for training the Iraqi Police force. The Iraqis have no concept of the law enforcement system and that's one of the reasons why it was hard for the Lieutenant to complete his mission at the Iraqi Police Station. The Iraqi Police station was the northern most of Baghdad. The soldiers traveled about twenty minutes from their quarters to the Iraqi Police station. There were many hostiles that the soldiers had to go through just to get to the station. Lieutenant Niles was responsible-for all the administrative process in the station. He was responsible for many things and I believe that his platoon took great pride in the Iraqi Police station because they were rebuilding something that was completely destroyed. They turned stone and rubble into a working police station, and I believe Lieutenant Niles took personal pride in his work. He rebuilt something that would benefit not only the Iraqis, but also his unit. Lieutenant Niles did not receive the actual
2 2 ?,6 4

DOD-047116

Provost Marshal training because it was reserved exclusively to the Captains and above. Therefore, Lieutenant Niles had to work without the actual training of a Provost Marshall. I don't believe that after he was removed from the platoon that the soldiers performed less. I mean, his platoon sergeant took over his position, but Lieutenant Niles' absence did not change the platoon's mission peiformance. Yes, his platoon sergeant now had additional duty and responsibility, but even with added task, the platoon was still able to operate the police station and train the Iraqis. I cannot say for certain that the morale became an issue when Lieutenant Niles was removed from platoon leadership. I wrote our brigade commander recommending Lieutenant Niles to resign his commission. I don't believe that such action warrants a person's life. I mean a federal conviction would end Lieutenant Niles' career and civilian chance of working at a reasonable job. I consider his past duty performance and his potential to overcome the incident. Yes, what he did was wrong, but he took full accountability for his action. How much punishment he should get depends on the authority imposing the punishment. I would take Lieutenant Niles with me again down raiage again.
QUESTIONS FROM THE TRIAL COUNSEL
The platoon sergeant and the platoon went through the same long work hours; lack of sleep; and hostile environment as Lieutenant Niles did. Yes, they did not strike the prisoners. Lieutenant Niles' action was not acceptable. He was training the Iraqi Police how to handle and treat the prisoners. The Iraqi Police had little or no training at all. If Lieutenant Niles was training the Iraqi Police and wanted them to follow his example, then it would send the wrong signal to the Iraqi Police if they had seen what Lieutenant Niles did. But to my Imowledge, this was an isolated incident. The Lieutenant did a great job administering the police station. The
2
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prisoners where suspected of criminal offense. They were in the station waiting to be transferred to the Iraqi judicial court system. There they would be tried for their offenses. They were still innocent until found guilty in an Iraqi court. I don't know what happened to them after they were transferred. I fiilly supported the company commander in handling the incident. It was 41111111111.11111.11111101that made to me the recommendation of removing Lieutenant Niles from the platoon leadership. I believe the incident should be handled with a letter of reprimand.
There being no further questions, the witness was warned not to discuss his testimony with anyone, was permanently excused, and withdrew fi-om the proceedings.
The Deposition Testimony offellilla it in the case of
U.S. v First Lieutenant Glenn A. Niles adjourned at 0945 hours, 12 May 2004.
(4)(6) iC-?)Cc)
C63266
4
SUMMARY OF THE PROCEEDINGS
The Deposition Testimony of2 in the case of
U.S. v First Lieutenant Glenn A. Niles was called to order at 1450 hours, 13 May 2004, Crrafenwoehr Training Area, Building 621, 100th Area Support Group Conference Room, Grafenwoehr, Germany:
The following persons were present:
Investigating Officer,
Dial Counsel, 11111111111111111.11";
Assistant Trial Counse1,11111¦111/11111111111.1111.;
Defense Counse1,11.1111/M/111.1

Lieut,04,1-1-Clevw, . Wes
The Accused,MMIRWMOMIle;
The Reporter,IWMWMMIIIIbr
Assistant Reporter, 'WM/MINIM.

eallimmummummemmimprosouguas Tripler Army Medical Center, Honolulu, Hawaii 96859-5000, Currently TDY at the Laundstul Regional Medical Center, was called as a witness, was sworn, and testified in substance as follows:
C G3267
5
DOD-047119
QUESTIONS FROM THE DEFENSE COUNSEL
I don't mind starting early today. I went to medical school and became a doctor, physician in surgery. I have specialized training in psychiatry from UCLA (University of California, Los Angeles) and USC (University of Southern California). I did a year of internship and three years of psychiatry practice. In 1984, I worked for the Atascadero State Penitentiary for the criminally insane and became certified in forensics. In 1966 to 1969, I was a Special Forces Medic and cross-trained in weapons and demolitions. I got out and went to school to become a doctor. In 1980, I became the battalion surgeon for the 12th Special Forces in Hamilton Field, California. In 1984, I became a psychiatrist for the SERE (Survival, Evasion, Resistant and Escape) School at Camp McCall in Fort Bragg, North Carolina. I have been a board certified psychiatrist for twenty years. I cannot talk about my work in the Army Special Forces.
The Defense Counsel stated that no questions were to be asked about any Classified work the witness conducted in the Army Special Forces.
The Trial Counsel asked the Investigating Officer if he had a copy of the witness' Curriculum Vitea.
The Investigating Officer stated that he had a copy of the witness' Curriculum Vitea.
003268
6
DOD-047120
Atascadero is a state hospital for the criminally insane. It has approximately a thousand
beds and houses various types of criminals I worked with LAPD (Los Angeles Police Department) SWAT (Special Weapons and Tactics) Team 1983-1984. I became their psychiatrist consultant. My experience in psychiatry in the military began in Tripler Army Medical Center as director of in-patient psychiatric unit and later became director of psychiatry department. I moved to Sholfield Barracks, Honolulu, Hawaii and became the Chief of Community Mental Health Center. I am engaged in private practice, military psychiatry, emergency psychiatry, consultation, and psychiatric interviews. I wrote an article in 1997, titled "Stress on the Battlefield." I studied law enforcement stress extensively. I have meet Lieutenant Niles on two occasions. I reviewed the case file. I asked Lieutenant Niles if he could give a clear detail of what was going on in the field before the incident took place. I know things are very difficult in the field right now. I wanted to know the level of stress he was experiencing in the field before the incident. Some of the stress factors Lieutenant Niles was experiencing were long work hours, lack of sleep, climatic (hot) environment, and hostile environment. It was very different compared to the law enforcement shifts in the United States. The Lieutenant did not tell me if he had any days off. Lieutenant Niles told me when he heard the prisoners tried to escape; he asked two others MPs (Military Police) go with him. This act indicated to me that the Lieutenant was anticipating problem with the prisoners or he wanted an extra back up. The Lieutenant ordered the prisoners to face the wall where the hole had been made. He asked them if they made the hole in the wall. Lieutenant Niles stated the he got aggressive with them and punched them in the stomach and one of' the sergeants pulled him as he kicked the third prisoner. The Lieutenant was very open and straightforward about everything. He did not try to hide or avoid talking about the incident. The Lieutenant was very emotional and sorry about his action.
7 2 C63269
DOD-047121
During and after deployment, performance starts to go down hill This means that every individual is subject to stress and job performance will be affected. I have seen MPs having a hard time making transition from the garrison to the field. I think the MPs have more stress because of the different rules they have to follow. The MPs are being told one thing and later being told another. I have formed an opinion in the Lieutenant's case. The Lieutenant had no bad past or prior record. It appears that the Lieutenant had been a very good soldier. I know the Lieutenant had a lot of stress. When the Lieutenant was taking control, he was maintaining control of the prisoners and he just snapped in the process. I think the Lieutenant's action should be recorded and be placed in his record for ninety days as a reminder of what not to do. The key to future misconduct is the past history behavior of the Lieutenant. There is no indication that his action would turn into a pattern in the future.
QUESTIONS FROM THE TRIAL COUNSEL
2,0X0 '2-

I remembered talking to you 2 yesterday and I got in trouble for talking to you both My boss thought that I was talking to the press. My boss asked if I was talking to the press and I told my boss that I was talking to the prosecutor. There is a difference between a medical training in psychiatry and medical training in body. The basic or initial part of the training is the same, pre-med. Later on during the course, you would go onto your specialized training, internship, residence, and then license. I am trained and licensed in medicine and psychiatry. I can preseribe medicine to mental patients. I went to Loma Linda University for my undergraduate. I went to the Medical School of Guadalajara. I did my fifth year at Pathway Medical Program in the United States. What I meant when I said, "Niles is
r•r13270
uu
8
DOD-047122
going to have to pay for an outburst of anger" was Lieutenant Niles made a mistake and in the military justice system, his action has consequences. How much he has to pay will depend on the authority over him. He was not criminally impaired. The Lieutenant knew right from wrong. I have not done an extensive background examination on Lieutenant Niles. My evaluation is really not finished yet. I spoke with three sergeants but I don't know their names. They made statements that are in the packet. I spoke with them on the telephone. I met with Lieutenant Niles twice face-to-face. I reviewed the file Defense Counsel gave me. There is other information that could change my opinion. I do not yet know that information. I have not done a psychological test on the Lieutenant. I would conduct a full psychological test before making an evaluation on Lieutenant Niles. Lieutenant Niles had a diminished capacity during the incident. Did he know right from wrong? Yes, he did. However, diminished capacity and knowing right from wrong are two different things. Yes, Lieutenant Niles knew right from wrong. However, he had a diminished capacity due to the level of stress. His lack of sleep and long work hours would diminish his capacity to perform his duty. But would he know right fi-om wrong after his diminished capacity? Yes, he would. But because I have not done a complete evaluation on Lieutenant Niles, I don't know where I stand as far as his diminished capacity. What I meant when I said, "Giving them a doughnut was not going to work" was having control by maintaining control. When a police shows a level of authority, the subject responds to that authoritT If the subject sees weakness in the authority, the subject would more likely over turn that authority. Showing force is not abuse. It is a way for the subject to comply with authority or authority will use force to make the subject comply with authority. Law enforcements are trained to be aggressive. I don't know what happened with Lieutenant Niles' case but I know he was responding from frustration and anger. I am familiar with what I read in the case file. The
2 CO3271
9
prisoners were not presenting a treat. I was doing my police work, I placed an individual up against the wall. I did not strike at the individual. Lieutenant Niles was baffled by his behavior. He could not give me an explanation for his action. He told me he stuck two in the stomach and kicked the third. The Lieutenant said he was frustrated and angry and he just snapped. There was no policy on how to handle the situation. I think there is a policy on not to strike at prisoners. Military Police are trained on when and when not strike at people. There are differences in Basic Military Police training and Combat Mffitary Police environment. There is a stress level difference. Do I agree that what Lieutenant Niles did was wrong? It's a good question. Maybe he did it to make the prisoners from doing it again. Would it be wrong for a police officer to strike at the prisoner? It would depend on the situation. I cannot say that it was wrong for the Lieutenant to beat up the prisoner in a combat situation. All I know about Lieutenant Niles is what I have read in the case file. I need to do a more extensive background evaluation. But from talking to the people around him, he seemed like a pretty nice guy to me. I have not conducted an extensive background evaluation on Lieutenant Niles' background. I am about one quarter away from my evaluation.
QUESTIONS FROM THE DEFENSE COUNSEL
The Defense had not asked me to do a full extensive report. I was just asked to assess and consult with the Defense. I -was asked to do a preliminary evaluation on Lieutenant Niles. Diminished capacity and knowing right from wrong are two separate things. Lieutenant Niles knowing right from wrong is not an issue. He knew what he was doing. The issue is the level of diminished capacity. I cannot give an answer to his level of diminished capacity. My opinion on
t 3212
10
his diminished capacity is that it should be taken into consideration when imposing punishment. Lieutenant Niles never told me that what he did was okay. He took full accountability for his action.
QUESTIONS FROM THE INVESTIGATING OFFICER
I will use suicide to explain Past History Behavior. When someone tries to kill himself or herself, psychiatrist look at the past history of the individual. The psychiatrist is looking for pattern of behavior that would indicate future or repeated pattern of the same kind of behavior. Basically, if someone tried to commit suicide twice, more likely the person would try to commit suicide again. I was looking for Lieutenant Niles' Past History Beha-vior to see if he had the same outburst of anger before. I did not find any.
There being no_further questions, the witness was warned not to discuss his testimony with anyone, was permanently excused, and withdrew from the proceedings.
(4) 2
The Deposition Testimony of2 in the case of
U.S. v First Lieutenant Glenn A. Niles adjourned at 1645 hours, 13 May 2004.
11 2 CO3273
DOD-047125
SUMMARY OF THE PROCEEDINGS

The Article 32 Investigation was called to order at 0859 hours, 14 May 2004, Rose Barracks Courtroom, Vilseck, Germany.
The following persons were present:
Investigating Officer,Ii msn
'Trial Counse1,0111111111111111111.1
Assistant Trial Counse let

)(4) Z;
Defense Counsel,
Glenn A-Wes
The Accused,11.11111111111¦11.1.
The Reporter, 1111111/1.../111

The Investigating Officer stated that he was the Investigating Officer detailed in the case and read the rights of the Accused to an Article 32 Investigation and stated that he understood his rights.
The Defense Cotmsel waived the reading of the charges.
The Investigating Officer declared the three Iraqi prisoners as reasonably unavailable for purposes of testimony.
CO3274
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DOD-047126

aaA) ?M.)

The Trial Counsel introduces the complete commander's inquiry report done barn 1LT Niles' sworn statement, 1LT Niles right waiver, two sworn statements from IN sworn statement,2sworn statement!..." sworn statement, and 111111111111111 sworn statement.
The Defense Counsel voir dire the Investigation Officer.
QUESTIONS FROM THE DEFENSE COUNSEL
I have not had any conversations with the command concerning this case. I am familiar with the incidents in Iraq right now with the prisons and the MP's. I have heard statements made by government officials that justice would be handed out in these cases. I do not feel any pressure to recommend any certain disposition in this case based on the incidents in Iraq.
IONMNIIMIIMOIIIIIMII 92nd Military Police Company, was called as a witness, was sworn, and testified in substance as follows:
QUESTIONS FROM THE TRIAL COUNSEL
I was formerly deployed in Iraq. I was involved in the commander's inquiry for 1LT Niles.Va/f/le appointed me to that duty. I was appointed to look into misconduct at the Al-Taji police station. After I was appointed I went to battalion to speak wit11.1111. for a legal briefmg on how to handle the investigation. Then I went to the Al-Taji police station to interview
CO3275
13
0-z-
dieWzI7X­
all of the soldiers there to see what they knew. The Al-Taji police station is on the north side of Baghdad. The battalion is on the west side of Baghdad. It's about 20-30 minutes from the battalion to the police station. I brought in all of the soldiers to explain to them what I would be doing. I told them not to discuss the incidents among themselves. I interviewed the soldiers one
010°1'
6t1)-L2it out of anger. One soldier did say that while the unit was in Kuwait that 1LT Niles had pulled a soldier out of the tent because the soldier was not "moving fast enough". That was a previous display of his temper. I don't think that 1LT Niles should command soldiers in the future because of his temper and the position he put his soldiers in that day. The soldiers have a responsibility to report such behavior, so they had to choose between loyalty and duty. imp Ilimn came forward about the incident. I arn currently a company commander. 1LT Niles was a platoon leader. He was over approximately 30 soldiers. He has to set a good example for these-soldiers. Striking these detainees did set a bad example. The MP's also did training with the Iraqi police. One of their missions was to train the IP's in proper police procedures.
Defense Counsel objects on grounds of speculation, to a question about how 1LT Niles' actions affected the Iraqi Police.
If the IP's would have found out about this incident it would have set a bad example for them.
QUESTIONS FROM THE DEFENSE COUNSEL
I think NM told me about the incident where 1LT Niles had pulled the soldier out of the tent. It was not 11111111. that was pulled out of the tent. They did not mention the circumstances sunounding the event. I didn't hear anything about a fire. I did speak with de owonce on the phone and once at the brigade. I did that before I spoke with the witnesses. I contacted him again to let hirn know the report was complete. I don't remember talking with him about my findings. I did see the damage done by the detainees. It wasn't actually a hole in the
2
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15
wall. They used a metal pole to damage the wall. The damage was apprwdmately three feet by four feet. If they would have gone all the way through the wall, the detainees could have slipped through it. I understood that the detainees were there because they killed a taxi driver and stole his car. 1LT Niles never dodged the issue. He was very forthcoming with all of the information. It took me about a week to complete my report. Once I turned in my report I did not have any further contact with the command, concerning the incident. I'm not sure why it took two months to prefer charges.
QUESTION FROM THE INVESTIGATING OFFICER
I met 1LT Niles last March when we deployed. We spent 7 months together, but did not have a lot of contact with each other because of our positions. I did not know any of the NCOs prior to the incident.
QUESTIONS FROM THE TRIAL COUNSEL
I believe the detainees were about five foot six to five foot eight and around 150-180 pounds.
There being no further questions, the witness was warned not to discuss his testimony with anyone, was permanently excused, and withdrew from the proceedings
16 2 CO3278
DOD-047130
The Defense Counsel introduced the audiotapes from the VTC's withqllMMP and Ilia
woe
615th Military Police Company was called as a witness, was
sworn, and testified in substance as follows:
-
QUESTIONS FROM THE DEFENSE COUNSEL -
I was with the 615th MP Company in Iraq. We deployed in March and I took over the platoon sergeant slot in April. Prior to that, I did not really know 1LT Niles. When the incident occurred I was sitting at the front desk with the LP's. IMMO carne down the hallway and told me I needed to get back to where 1LT Niles was. As I came to the doorway to the D-Cell 1LT Niles was coming out. I saw three prisoners on the ground.iMalla came out and was upset as well. I asked 1LT Niles what was going on and he just shook his head. I found out from On
giftthat itT Niles had struck some prisoners. It was out of character for 1LT Niles to not say anything. He is never at loss for words. I never did talk with him again about the incident. I gave a statement to UM. I had been with 1LT Niles for about four months prior to this incident. I have been in the Army and an MP for 16 years now. I've been an NCO for about 12 years. I was a platoon sergeant at Fort Polk for a little over a year. Expectations are greater in a combat zone. 1LT Niles was a stem platoon leader who had high standards. He expected soldiers to toe the line. We did patrols in Iraq before we got the mission to get the police stations up and running Most of them were looted and burnt, and we basically had to start from scratch. About 20 percent of the IP' s were dependable. They had no ethics or police standards. One of the main
2 iu U 3219
17
stresses was the heat. Force protection was a big issue as well. There was also the threat of IED attacks to and from the battalion and police station. There were no days off. We worked 12-16 hours a day. There were incidents about stations being attacked. I don't think that 1LT Niles should go to jail. A letter of reprimand would be sufficient. That would not send a message of toleration. A letter of reprimand is pretty serious for an officer.
QUESTIONS FROM THE TRIAL COUNSEL/ASSISTANT TRIAL COUNSEL
There were some serious effects because of this incident. I was the one who reported the incident. That was probably the most difficult thing I've ever had to do. I am responsible for helping train the LT and I kind of feel like I failed him. It's still in the back of my mind. 1LT Niles put his soldiers in a bad situation. You have to lead by example. This is something young soldiers would not picture an officer doing. They had to choose between 1LT Niles and the Company. As the platoon sergeant I had to step up. There were already plenty of stress factors. I got five hours of sleep if I was lucky. I did put in as many hours as 1LT Niles and was under the same kind of stress. I never did strike anyone. I found other ways to deal with the stress. The three detainees were accused of crimes, but that doesn't mean they deserve to be struck. Just because they tried to break out the night before does not mean they deserve to be struck. What 1LT Niles did was wrong. It was our duty to get the stations up and running and to train the IP's. IP' s had different tactics in dealing with prisoners. It would not be uncommon for them to beat prisoners. We were trying to teach them to only use necessary force. We taught them the proper ways to treat detainees. We tried to lead by example. 1LT Niles did not set a good example.
rk-‘32S0
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QUESTIONS FROM THE DEFENSE COUNSEL
I did report the incident. 1LT Niles never told me to keep things between us. I think the day of the incident we had a force protection inspection. 1LT Niles did seem detached during this whole incident. I've never talked withd10111111111about this case. I don't recall any weapons being retrieved around the Taji station. 2(40-2 iOto -z
QUESTIONS FROM THE INVESTIGATING OFFICER
1LT Niles never gave me any impression that I wasn't doing my job as a platoon sergeant. He actually complimented me. I do not believe that the 1P' s knew why 1LT Niles was re-assigned.
QUESTIONS FROM THE DEFENSE COUNSEL
We moved those three detainees to Camp Crawford, and from what I heard, one of them was released due to a lack of evidence. They were not injured or taken to a hospital.
QUESTIONS FROM THE INVESTIGATING OFFICER
GAM
19
DOD-047133
Cafz.) z,(7)e)-2,

I have been with these NCOs for over a year now. They all have very strong character. I do not know of any personal conflicts between the NCOs and 1LT Niles. They may have procedural conflicts. There were complaints about how he wanted to run things, but I did support my platoon leader.
QUESTIONS FROM THE DEFENSE COUNSEL
I never felt that the things 1LT Niles wanted to do were inappropriate. He just had high standards. These were just basic soldier gripes. OM.does have a tendency to exaggerate things
There being no further questions, the witness was warned not to discuss his testimony with anyone and was temporarily excused.
The Article 32 investigation recessed at 1000 hours, 14 May 2004 The Article 32 investigation reconvened at 1002 hours, 14 May 2004
All parties present before the proceeding recessed were again present.
111.1.11.1111.1.111.110 615th Military Police Company was called as a witness, was sworn, and testified in substance as follows:
QUESTIONS FROM THE DEFENSE COUNSEL
nn3282
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DOD-047134
aliCaPZ, (20'2-

I was in the same platoon down range as 1LT Niles and MEM I was the first squad leader in first platoon. I did observe what happened. IMMerandliMillewere also in the room with 1LT and myself Niles. I was the closest to 1LT Niles. The incident stopped when I grabbed the LT. Once I nudged him back he turned around and walked out the door. I followed him to the patrol room and I closed the door. I told 1LT Niles that he better not ever put me of my soldiers in that position again. 1LT Niles didn't respond. That was unusual and out of character for him. He seemed zoned out. He just kept looking straight ahead. I was not present for the conversation between 1LT Niles and2None of us discussed it after that day. 1LT Niles never told me to keep this between us. He hit two of the detainees once each in the gut and kicked the third. I would not say that he used full force. He did not resist as I pulled him away. The detainees were brought in because they killed a taxi driver and stole his car. They tried to escape the same night they had been brought in. One of the other prisoners informed us of their attempt to escape. None of the three denied doing the damage. Had the hole been bored the whole way through, the prisoners could have escaped. I've been in the Army for 13 years. I've been an NCO for about 8 years and an MP all 13 years. 1LT Niles is a great lieutenant. Everything he did was for the platoon and he had high standards. Other than this incident there was nothing inappropriate in his actions. In Kuwait we had a trashcan by our tent that had caught fire. We had to get everyone out of the tent. I didn't see what 1LT Niles did, but I heard that he just grabbed the soldier and pulled him out of the tent. I don't think that 1LT Niles should be court-martialed. I think a letter of reprimand would be strong enough punishment.
QUESTIONS FROM THE TRIAL COUNSEL/ASSISTANT TRIAL COUNSEL
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aeWz,

The attempted escape happened the night before the incident. 1LT Niles wanted to talk to the detainees responsible. Inais ordered to watch the remaining detainees as the three responsible were taking into the latrine area. It was 1LT Niles, um efigins, and myself. I don't remember what the detainees were wearing. They were about five foot five or six and maybe 150 pounds. They were not a threat to us at that time. They did not make any threatening gestures. 1LT Niles makes first contact.111111111111. demonstrates 1LT Niles actions by grabbing2the back of the neck an.d kind of pushing him about three feet over. He then demonstrates how 1LT Niles struck the detainees by performing a low pun.ching motion towardsliMillstomach area.411111111111then demonstrates the position of the third detainee by crouching down on the ground with one knee on the ground and one hand in the air shaking, as he says, "no mister, no". He then demonstrates 1LT Niles actions towards this third detainee by showing a ldcking motion while acting as if being pulled back at the same time. This kick was said to have landed in the chest area of the third detainee.
The detainees were lined up facing 1LT Niles. He keeps asking them, "Did you do this, did you do this?" in a forceful tone. He then punched one in the gut and I started to walk towards him. Before I got to him he had already punched the second one in the gut. I pulled him back and he kicked the third detainee, then turned around and walked out.11111111111111. had left the room. None of the detainees attempted to lunge at 1LT Niles. He did not act in self-defense. 1LT Niles may have been stressed out and upset. 1LT Niles did put me in a bad situation. I had to choose between the LT and the Company. He did not put my career in jeopardy. I don't feel that it could come back on my soldiers or me because we had not done anything I was concerned about the potential effect this could have on my soldiers and me. We did have stressful conditions. We had
22 2 (3284:
— -
no air conditioner. We did work long hours and little sleep. I never struck anyone. The detainees were the worst of the worst; car-jackers, rapists, murderers. This does not give us the right to strike them. "Sending a message" to the prisoners is not justification to strike the prisoners. We were there to show the IP's that abuse and unnecessary force was not the way to handle police situations. 1LT Niles set a bad example.
QUESTIONS FROM THE DEFENSE COUNSEL
Typically, you may get three to four hours of sleep. 'This did add to the stress level. There were threats of mortar attacks and car bombs as well as other issues. Force protection was very important. There were some mortars found in a well right outside our station. These could have been used to attack our station. Leaders do have additional stresses. I had nine soldiers in my squad. 1LT Niles had about 30 soldiers under him. The detainees did not require medical attention. This incident was reported immediately.
QUESTION FROM THE INVESTIGATING OFFICER
I know the NCOs in my platoon quite well. I am a friend with them. They have good character. The only conflicts they had with 1LT Niles were with some of his ideas on how to run things.
There being no further questions, the witness was warned not to discuss his testimony with anyone and was temporarily excused.
232 CO3265
DOD-047137
11111111111.1111111111/11110 615th Military Police Company was called as a witness, was sworn,
and testified in substance as follows:
QUESTIONS FROM THE DEFENSE COUNSEL
cde .i(V
I was present during this incident. I did observe what happened. 1LT Niles said he wanted to see the prisoners who had attempted to break out. 2stayed with the remaining prisoners and we took the other three in to where they had tried to break through the wall. I did see the damage. They had taken a pipe and busted the wall. With more time they could have escaped. 1LT Niles grabbed the first prisoner and put him up to the wall and asked laim, "Did you do this?" and then struck him in the stomach. Then he immediately grabbed the second one and struck him in the stomach Theni11111•0111111 pulled him back. I did not discuss the incident with 1LT Niles or anyone else because of the investigation. I was never encouraged to not tell the truth. The prisoners were not injured. I've been active duty for about 6 years now and was in the reserves for about 6 years before that. I've been an MP for about 12 years. I've been an NCO for less than a year now. There were things that 1LT Niles did as a platoon leader that I disagreed with. We butted heads a lot. His heart was always in the right place even if I didn't always agree with him. He did have very high standards. I think things have gone far enough as far as punishment. A letter of reprimand would be a strong enough message. I do fee that he is reformed and has repented. I am confident in his leadership and I would deploy with him.
24 2 03 2SC
QUESTIONS FROM THE TRIAL COUNSEL/ASSISTANT TRIAL COUNSEL
We were all armed that day. The detainees were 5'5 to 5'10 and apprwdmately 140-160 pounds. They were compliant to the orders they were receiving. There was no translator. I did not feel that they were a risk to us at that moment. 1LT Niles made first contact. He grabbed the first detainee and put him in front of the hole and asked, "Did you do this9" and then struck hirn
6t(--) eiig.)
in the stomach. He did the same with the second. Then 2pulled him away. The third detainee was not a threat. 1LT Niles did not act in self-defense. I don't feel that I was put in a bad situation; maybe the platoon sergeant and the squad leader. I wasn't happy with the position they were put in. Security was not really heightened because of this. We worked 12 hours minimum everyday of the week. I lived in like a partial kitchen area. 'There were about six inches between my cot and the sink. It got around 140 degrees. I would get maybe four to five hours of sleep a nig-ht. I was in Iraq for almost a year. There were a lot of stress factors over there. There were a lot of times I was not in a good mood. I did soldier on. I never stru.ck any detainees. Just because the detainees were in the prison for serious crimes does not make it right to strike them. Striking the detainees was wrong. One of our missions was to train the EP's proper police procedures. The s were drunk a lot of times and would beat the prisoners. We were there to try and help bring some reform. We had to lead by example. We tried to train them to use only the necessary force for the situation at hand. 1LT Niles actions that day did not set a good example.
There being no fuxther questions, the witness was warned not to discuss his testimony with anyone and was temporarily excused.
252 CO3287
The Article 32 investigation recessed at 1046 hours, 14 May 2004 The Article 32 investigation reconvened at 1053 hours, 14 May 2004
All parties present before the proceeding recessed were again present.
ti),10 iMMINIINIMM, 1LT Niles* was called as a witness, was sworn, and testified in
substance as follows:
QUESTIONS FROM THE DEFENSE COUNSEL
We have been married for almost eight years. We have three children. Glen has been in the Army for almost four years. We got to Grafenwoehr at the end of 2001. His company deployed in March of 2003. He was gone for almost a year. He called me and told me that he was sorry. He was crying and said that he had put the ldds and me in a bad situation. He couldn't elaborate but he kept saying he was sorry. It was a little hard in the beginning when he first got back. There was an adjustment time. He has been a little more withdrawn. Before he got in the military he worked with kids. He got his master's degree in counseling. He worked a lot with troubled ldds. We went to lunch one day and Glen started talldng to an Army recruiter and then a few months later, here we are. He always wanted to be a police officer and a soldier, so here he is having his cake and eating it too. Glen is our family's rock: financially, spiritually, and emotionally There's nothing he would not do for his family He has always said God first and then family. When I talked to him about Iraq, he said that he fought for God and country. The
2
o 3 2 8
26
fact that he got up everyday and did his job to his best ability even after knowing that his career was on the line shows what ldud of man he is.
There being no further questions, the witness was warned not to discuss his testimony with anyone and was permanently excused.
The accused (1LT Niles) makes an unswom statement.
The Article 32 investigation recessed at 1106 hours, 14 May 2004 The Article 32 investigation reconvened at 1347 hours, 14 May 2004
All parties present before the proceeding recessed were again present.
'The Defense Counsel introduces 1LT Niles Officer Enlisted tords, and two letters of support written by 11111111.111111111111111111111111M.
(-64)7,PW
411111111111111111¦111. 615th Military Police Company was called as a vvitness, was sworn, and testified in substance as follows:
QUESTIONS FROM THE DEFENSE COUNSEL
CO3269
27
DOD-047141
I am still with 615th MP Company. I have been with them for almost two years. I PCS to Fort Leonard Wood on Monday. I was the company commander and 1LT Niles was one of my platoon leaders. He has grown to be a very good lieutenant. He did make a mistake, which has brought us here. He was a lieutenant that was learning and had challenges to overcome. There was the incident about pulling the soldier out of the tent. He has had developmental issues that all lieutenants go through. I never questioned his integrity. Our mission in Iraq was to train the Iraqi police and to stand up the police stations. Our unit had about seven stations to oversee. I worked as the liaison for the sector commander Our guys worked as provost marshals and chiefs of police. The lieutenants were also in charge of setting up all force protection measures for the stations. Our platoons were stretched pretty thin. There were attacks on the police stations. It was extremely hot there, between 120 and 140. 1LT Niles accomplished the missions. 1LT Niles was moved out of the platoon pending the commander's inquiry report. He was moved to battalion staff. He worked under the Executive Officer in the S4 and also as a night battle captain. I still talked to him on a regular basis because he was still one of my soldiers. He soldiered through all of this. Soldiers who get in trouble either let it get to them, or they soldier on. I do know who 111111111110 is and I talked to him on a regular basis. 11111111111/4 spoke with him first concerning this incident and then I talked wit1-111111111110. First we wanted to let the commander's inquiry to be done first. Once it was determined that the incident did in fact occur, 411/111111as and me discussed what to do with the case.4111111111110 and I disagreed on the basis of this case. He felt that it was a war crime and I did not. I interpreted this as an assault. I would not compare this to the current issues in the news concerning the prison abuse. It was my signature that did prefer charges. I think that he should receive a letter of reprimand or a general officer Article 15. I think that the statement that this will not be tolerated has already been made.
000,9)1(*)-1-2
CO 3200
28
DOD-047142
QUESTIONS FROM THE TRIAL COUNSEL
One of the squad leaders came to me saying that 1LT Niles had placed his hands on one of the soldiers. It turns out that he did not place his hands on the soldier. He did grab the soldier's LBV and pulled them out of the tent. I was briefed that they were looking for a magazine containing 9mm rounds. I don't know the exact reason except that he was trying to clear the room. He told me that he was just trying to get the soldiers out of the room. I had no thought that he was trying to injure the soldier. I do know that JAGs do not make the final decision and that it was me who preferred charges. There was no undo corrnnand influence. We did scenario base things but I was free to do as I saw fit. I've been an MP for about nine and a half years. MP's do get trained on when and when not to use force. We are not trained to use force for no reason. MP's are only supposed to use force when necessary. It was not necessary for 1LT Niles to use force. 1LT Niles was responsible for about 26-28- soldiers. As a leader you are set apart to set an example for your platoon or company. The troops knew that what he did was wrong. Part of his mission was to train the rr s. This kind of behavior would not send a good message to the IP's we're trying to train.
QUESTIONS FROM THE DEFENSE COUNSEL
1LT Niles never denied that the incident happened. He has taken full responsibility for everything.
CO3291
29
DOD-047143
QUESTIONS FROM THE INVESTIGATING OFFICER
Otaotoz,ao --z.
Our company was attached to 11111111.11111battalion. Our battalion commander is normally...Mk 11111111111111111was in Kosovo during the time of the incident. This incident was not included in that particular rating period reflected on the ORB. I had seven platoon leaders in my company. One was rated nuclei.... and0111111111 rated all the others. I recommended 1LT Niles at center mass. We were responsible for seven police stations. The brigade commander at the time wain". Force protection was the most important thing during his inspections. The next big issue was overall sanitation. He would tell you if your station was not adequate but he wouldn't chew out any junior officers. I do highly recommend 1LT Niles. I do not want to see his career ended. He does need to be held accountable for his actions. Court-martial or dismissal is defmitely career ending. An Article 15 is close to a career ender, but it can be overcome with a lot of hard work. I would like to see him continue his career.
'There being no further questions, the witness was wamed not to discuss his testimony with anyone and was permanently excused.
The Government Representative asked the defense if they wanted any of the other possible witness to be called.
Defense counsel declined the calling of further witnesses.
CO3292
30
DOD-047144
The Investigating Officer permanently excused all of the witnesses.
The Article 32 investigation adjourned at 1440 hours, 14 May 2004.
2 CG3293
31
immorigamme. g2...• PC6- Z.-

CURRICULUM VITAE

DATE OF BIRTH: 4 October 1946
PLACE OF BIRTH: Glendale, California
SSN:
PERSONAL DATA: Married

HIGH SCHOOL: San Fernando Valley Academy San Fernando, CA
COLLEGE: Loma Linda University 09-1964 to 06-1966 Loma Linda, CA 08-1969 to 08-1973 B.S. degree — Major — PreMed
Degree received 14 March 1974 MEDICAL: 09-1973 to 06-04-1977 Universidad Autonoma De Guadalajara Guadalajara Jalisco, Mexico
M.D. Degree
POSTGRADUATE:
07-01-1977 to 06-30-1978 Pre-clerkship in general medicine in preparation for the 5th Pathway Program — Granada Hills Community Hosp. Granada Hills, Califomia
07-01-1978 to 06-30-1979 Pre-externship in general medicine in preparation for the 5th Pathway program — Los Angeles County, Olive View Medical Center-Sylmar, California
07-01-1979 to 06-30-1980 5th Pathway Program Loma Linda University School of Medicine Loma Linda, Califomia
INTERNSHIP:2General Psychiatry Internship Los Angeles County-Olive View Medical Center Sylmar, Califomia
This consisted of an eight months of rotation. One month in the emergency room, three months psychiatric outpatient, four months psychiatric inpatient (locked psychiatric ward).
C 3 2 9 4
DOD-047146
Page Two
Curriculum Vitae
09-1980 to 12-19802Sepulveda Veterans Administration Medical Center-UCLA
This included two months of outpatient with emergency room work, two months of
medical wards.
RESIDENCY:
07-01-1980 to 06-30-1984 Psychiatry Residency — Los Angles County

Olive View Medical Center, UCLA Sylmar, California PROFESSIONAL EXPERIENCE: 07-1984 to 02-01-20002Private Practice — Psychiatry MILITARY EXPERIENCE: 08-23-1966 to 06-12-1969 CO C —6th Special Forces Group (ABN)
1st Special Forces US CONARC — Fort Bragg, NC
COMMISSIONED:
10-15-1981 to 02-01-2000 United States Army Reserves
Rank — Lieutenant Colonel, 13 Dec 1995
Rank — Major, 14 Dec1988
Ranlc — CPT, 15 Dec 1981
Rank — 1LT, 10 Sept 1981

BOARD CERTIFICATION: Eligible, General Psychiatry, June 29, 1984
BCFM - Forensic Medicine Diplomate of the American Board of Forensic Examiner Certificate #944 issue date 05-07-1996
BCFE — Forensic Examiner Diplomate of the American Board of Forensic Examiner Certificate #2501 issue date 03-15-1996
2
LICENSURE: California2sued 07-01-1981, exp 10-31-04 Alaska2issued 08-04-1992, exp. 12-31-04 Hawaii2ssued 08-11-00, exp 08-11-04
(A,0)1
C 3295

DOD-047147
Page Three Curriculum Vitae
ECFMG CERTEFICATE: Passed 1980 — took 5th Pathway Clinical training program to replace this certification.
FLEX — Passed 1980.
WORK EXPERIENCE:2As a licensed M.D. from 1981 to Present
1.
L.A.P.D. (SWAT Team), Crisis Negotiating Team - Psychiatric consultant
Dealing with personal police problems; barricaded suspects, evaluation of
police stress.

2.
Granada Hills Community Hosp.-Hospice, Psychiatric consultant
Specific problems dealing with death and dying of terminally ill patients and
family members.

3.
Granada Hills Medical Center, General practice, outpatient clinic.
Dealing with general medical problems with outpatients and night call.

4.
Olive View Medical Center, Ward, on-duty
General medical and psychiatric problems occurring on the wards.

5.
Olive View Medical Center- Psychiatric Emergency Room
Acute psychiatric emergencies, evaluations and hospitalizations.

6.
12th Special Forces Group, Battalion Surgeon — Ranlc, Captain
Function as a general medical officer, dealing with combat injuries, educating
Medics.

7.
Granada Hills Community Hospital — Hypnosis with pulmonary lab.

8.
Atascadero State Hospital — Staff Psychiatrist, Forensic Medical Admissions,
documentation of Legal Statutes.

9.
S.E.R.E. Committee (Survival, Escape, Resistance and Evasion), Project
Officer, Fort Bragg, North Carolina

10.
Cn-anada Hills Psychiatric Medical Group, Inc. — Private Practice, General
Psychiatry.

11.
Learning Skills Laboratory, Medical Psychiatric Director
10515 Balboa Blvd., Granada Hills, CA 91344

12.
Community Living Resource Center, Patient Consultant
6740 Kester Avenue, Van Nuys, CA

13.
Lakeview Medical Center, Psychiatric Medical Director- inpatient unit

14.
Mission Hills Psychiatric Medical Group, Inc. — General Psychiatry, private
practice. 11550 Indian Hills Road, Mission Hills, CA 91345 from 1984-1992.

15.
Edgemont Hospital — Assistant Medical Director

16.
San Fernando Valley Community Hospital, Medical Director, in and
outpatient psychiatric unit.

CO32U
DOD-047148
Page Four
Curriculum Vitae

17.Pacifica Hospital of the Valley, Psychiatric Medical Director, in and outpatient unit. 18.Center For Living and Learning, Inc., staff psychiatrist and psychiatric Medical Director. 19.Forensic testifying in California courts as an expert witness on mental competence 5150 and 5250 hearings. 20.Coldwater Canyon Hospital, Woodview Calabasas Hospital, Charter Hospital, Thousand Oaks, California- Psychiatric Consultant
21.Active Duty Military —October 1990, rank- Major. Operation Desert Shield Fort Bragg, NC. Interviewed soldiers leaving for Saudi Arabia and also evaluating psychiatric casualties returning from Saudi Arabia. Consultant for Special Forces at the S.E.R.E. School.
Active Duty Military — March 1991, rank —Major. Operation Desert Shield, Fort Irwin, CA. Chief, Mental Health at the National Training Center. Evaluated forces undergoing desert warfare training. Treated dependants and also ran the chemical dependency treatment program.
n222. El Dorado Mental Health — outpatient psychiatrist. 03-1991 to 09-1991 03)11 i223. 0111.11MMINES M.D.- private practice 1992 to 08-1998 z, 24. 113th Combat Stress Company, Consultant to Commander 03-27-1991 to 06-27-1992.
25.
176th ARCOM Headquarters, Chief of Psychiatry 01-30-1993 to 02-02-1996

26.
National Earthquake Disaster-United States Army Reserves assigned to the American Red Cross 01-27 to 02-10-1994. 27.Holy Cross Hospital, Mission Hills, CA, - Chief of Psychiatry 01-01-1994 to 08-09-1998, 28.Pacifica Hospital of the Valley, Medical Director, Behavioral Health Unit in­patient psychiatric programs 12-01-1994 to 08-09-1998.

29.Henry Mayo Newhall Memorial Hospital, Medical Director, Behavioral Health Unit, partial hospitalization program and inpatient psychiatric program 01-01-1995 to 08-09-1998.
30.Serra Medical Clinic, Psychiatric Consultant, 01-01-1995 to 08-09-1998. 31.United States Army Reserve, 2nd Medical Brigade, San Pablo, CA. Psychiatrist, Mental Health Section 06-1995 to 01-1999.
32. Promoted to Lieutenant Colonel, United States Army Reserve, Medical Corp., 12-13-1995.
..• --
33.Charter North Behavioral Health System AKA Charter North Hospital, Anchorage, Alaska — Medical Director outpatient clinics 08-10-1998 to 09-17-1999.
CO3297

DOD-047149

Page Five
Curriculum Vitae (6g,), ;coay) -
34. — private practice, General Psychiatry, Anchorage, Alaska 08-10-1998 to 02-01-2000. 35.United States Army Reserve — 1984th Army Reserve Hospital 01-1999 to 02-°1-2000. 36.Tripler Army Medical Center, Tripler, Hawaii. Active Duty United States
Ariny. Chief, Inpatient Psychiatric Services 02-04-2000 to 06-2000 Chief, Outpatient Psychiatric Services 06-2000 to 06-2001 Chief, Community Mental Health, Schofield Barracks 06-2001 to 12-01 Chief, Community, Operational Psychiatric Services, 01-2002 to present
37. Uniformed Services University of the Health Sciences- appointed Instructor in Psychiatry, 02-05-2001 to present.
r Publications:
•
CO3298
Court cases: Expert Witness Testimony
Appointed as expert in the following cases;
Califomia
1.
11111.11¦111111111111111111.111.11111111/111.110

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.
14.11111111111101.11111111111•1111111.11111

156. 11!)
17.

18.

19.

20.

21.

22.

ALASICA
1.

2.

3.

4.

5.

6.

MILITARY 1' infaigal
2. opio¦Pingp
3. Iliiii11110/1111101
(09

c 3 2 9 9
DOD-047151
4 =
DEPARTMENT OF THE ARMY
Headquarters, 100th Area Support Group
APO AE 09114

REPLY TO
ATTENTION OF:

.6114C.
[26 MAP prm
AETTV-SB-CO
(4)7)(70(0-

MEMORANDUM2 Chief, GTA OPS, 100th Area Support Group, APO AE 09114
SUBJECT: Appointment of Article 32(b) Investigating Officer in the case of U.S. v. First Lieutenant Glenn A, Niles, Jr.
1. You are hereby appointed to investigate the enclosed charges against First Lieutenant Glenn
A. Niles,2615th Military Police Company, APO AE 09114. Article 98, UCMJ, prohibits any unnecessary delay in the processing of court-martial charges. This investigation is your primary duty until completed. It takes precedence over all other assignments, including field duty, as well as scheduled leave and TDY. If you believe you have a compelling reason to be excused from this duty, you must submit your request to me within 24 hours of receiving this notice.
2. Conduct your investigation in accordance with Article 32(b), UCMJ, and RCM 405, Manual for Courts Martial, Edition 2002, and follow the procedural guidance of DA Pam 27-17. Conduct your investigation no later than 7 duty days after receipt of this letter. You are, however, authorized to grant a one-time, seven-day delay at the request of the Defense Counsel, Trial Counsel, or for your convenience. I must approve any delay of greater than 7 days. Document all delays in vvriting.
• (CD 3. Upon receipt of this endorsement, immediately contact 2 at
6187/7114. Advise1111111111111111111111 that you have been detailed to conduct this investigation. 199)31',\, 11111
He will schedule an appointment for you to receive a briefing. 111111111111111101. will provide you
with legal advice and guidance. Direct,all questions relating to the investigation, including the
admissibility of evidence, to11111¦10. Although you may consult with him about
procedural matters outside the presence of the accused and defense counsel, you should notify
the trial and defense counsel if you intend to discuss substantive matters of law. Do not contact
the trial counsel for assistance in legal matters regarding the investigation of this case.
4. Complete your investigation and forward it to the Office of the Staff Judge Advocate, 1st Infantry Division, ATTN: Military Justice, Grafenwoehr Law Center, APO AE 09114. Upon completion of your investigation, deliver seven copies of DD Form 457 (Appendix 5, MCM), with enclosures and a detailed chronology of your handling of this investigation.
iimmanie
-
5. alP436) is currently designated as the trial counsel in this case. While this attorney will attend the hearing and question witnesses, it is your responsibility to conduct the investigation. The Trial Defense Service 11112191) will detail counsel to represent First Lieutentant Niles.
C 3300
DOD-047152
AETTV-SB-CO SUBJECT: Appointment of Article 32(b) Investigating Officer in the case of U.S. v. First Lieutenant Niles
6.
imp8429) will record the hearing and provide clerical support to you. Contact 111.111111111111/1. to schedule time and date of the hearing, reserve the hearing room, and notify the witnesses.

7.
Conduct a swift, fair, impartial investigation of the alleged offenses. Accordingly, you must coordinate with the trial counsel, defense counsel, and reporter to ensure that all parties and reasonably available witnesses are aware of the time and location of the hearing.

6. The duty uniform will be worn at this hearing to facilitate the witnesses returning to their regularly prescribed duties after they testify.
pootr't
Ygt
2
00a301
DEPARTMENT OF THE ARMY 18TH MILITARY POLICE BRIGADE all(402/M -z-
APO AE 09302
AETV-M13 3 October 2003

MEMORANDUM FOR Major 1111111111111111111PPS OIC, 18th Military Police Brigade, APO AE 09302-1322
SUBJECT: Appointment of Article 32(b) Investigating Officer in the Case of U.S. v. 1LT Glenn Niles2615th Military Police Company, 709th Military- Police Battalion, 18th Military Police Brigade, APO AE 09302
1.
You are hereby designated to investigate the attached charges in the case of 1LT Glenn Niles, 615th Military Police Company, APO AE 09302.

2.
Your investigation will be conducted IAW Article 32(b), UCMJ, R.C.M. 405, MCM (2000 Edition) and AR 27-10. Procedural guidance is contained in DA Pam 27-17.

3.
Promptly upon receipt of this endorsement, you will contact the Administrative Law Section, CJTF7 SJA,11110709- to have a legal advisor appointed for you. You are directed to contact your legal advisor within 24 hours of receipt of this endorsement to arrange for a legal briefing. Your appointed advisor will assist you in technical legal advice and guidance. All questions concerning the law applicable to this case, as well as questions concerning admissibility of evidence, etc., will be directed to the advisor. You will not contact the government representative (01111111111.0 and SINIMUI) for assistance or advice in any substantive legal matters regarding the investigation.

4.
Your investigation will be completed and forwarded to the 18th Military Police Brigade, Legal Section, not later than ten duty days from receipt of this correspondence. You may approve reasonable defense-requested delays, not to exceed ten duty days in length, occasioned by scheduling conflicts or defense requests for witnesses, and such periods will be excluded. from your allotted time. Any requested delays beyond twenty duty days from your receipt of this correspondence will be immediately forwarded through the trial counsel to me for action. Upon completion of your investigation, you will deliver the original Investigating Officer's Report, DD Form 457, with enclosures, and a detailed chronology of the investigation to the Legal Section, 18th Military Police Brigade.

52 41111-5110/5112, is the designated government representative in this case.11111111111111111.111.10,1111110709, will be assisting with this case. While these officers may attend the hearing, question witnesses, and present the government's case at your discretion, it is your responsibility to conduct the investigation. The accused will be represented by an attorney assigned to or detailed by the Trial Defense Service.
0 3302

DOD-047154
AETV-MP SUBJECT: Appointment of Article 32(b) Investigating Officer in the Case of U.S. vs. 1LT Glenn Niles2.2615th Military Police Company, 709th Military Police Battalion, 18th Military Police Brigade, APO AE 09302
The government representative and the defense counsel play adversarial roles in the proceeding. Avoid talking to either of these partiq (and any prospective witnesses) about the merits of the case outside of formal sessions in which all parties have the opportunity to be present.
6.
Your clerical support will be provided by the Legal Section, 18th Military Police Brigade, 415110/5112. The duty uniform should be worn at this hearing to facilitate witnesses - -returning to regular duties.

7.
Article 98, UCMJ, prohibits any unnecessary delay in the processing of court-martial charges. This is your primary duty until completed and it takes precedence over all other assignments, including field duty, and scheduled leave or TDY.

Commanding
Encls
G03303
DOD-047155
DEPARTMENT OF THE ARM),
HEADQUARTERS 18th MILITARY POLICE BRIGADE
BAGHDAD, IRAQ

REPLY TO
ATTENTION OF

2
AETV-MP-S3 S: 1 NOV 03 21 OCT 03
MEMORANDUM FOR 1LT Glenn Niles, 615th MP Company, 709th MP Bn, 18th MP BDE, Baghdad Iraq APO AE
SUBJECT: Postponement of Article 32(b) Investigation
1.
The request for delay in the Article 32(b) Hearing for 1LT Niles is gyanted.

2.
The hearing is rescheduled for NOV 1, 2003 at 1000 hrs in Warrior Palace. I will conduct an investigation pursuant to Article 32(b), UCMJ, to investigate the facts and circumstances concerning charges preferred against you by NON1/811/11/11111111111M111.. The charges are: Charge I: Violation of the UCMJ, Article 93, Cruelty and Maltreatment, and Charge II: Violation of the UCMJ, Article 133, Conducting Unbecoming an Officer and a Gentlemen.2

ae,e,
2 I(*)
gisrmsollit C4,)111111MOIM11100
3. The name of witnesses known to me, who will be asked to testify at the hearing are:
imainismik
INIMINIMMO
41111¦11111011111

Additionally, it is my intention to examine and consider the following evidence:
DA Form 2823,
DA Fonn 2823,
DA Form 2823,
DA Form 2823,
DA Form 2823,M=
DA Form 2823,2 121- Clervr:.les

4.
As investigating officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. Send names and addresses of such witnesses to me by 25 OCT 03. If, at a later time, you identify additional witnesses, inform me of their names and addresses.

5.
You may contact me ataill5131/10110-6747.

1111111111"
Investigating Officer
CO3304

PRETRIAL ALLIED PAPERS

C 0 3 3 05
DEPARTMENT OF THE ARMY agice,Lo N z_
7th Army Training Command Directorate of Simulation-Forward
REPLY TO
ATTENTION OF:

APO AE 09114-3700 126 MAR 200C
AEAGC-TS-F
MEMORANDUM FOR First Lieutenant Glenn A. Niles, Jr.. 615th Military Police
Company, APO AE 09114

SUBJECT: Article 32 Investigation
1.
At 000 kAt\S E in the Rose Barracks Courtroom, Vilseck,
Germany, Building 343, I will conduct an investigation pursuant to Article 32, UCMJ, to
investigate the facts and circumstances concerning court-martial charges preferred against you
by 111.01111WINIMIIIIIINEN. The general nature of the charges are three specifications
of cruelty and maltreatment, in violation of Article 93, UCMJ; and one specification of conduct
unbecoming an officer and a gentleman, in violation of Article 133, UCMJ. The uniform for this
investigation is the Battle Dress Uniform (BDU).

2.
You have the right to be present during the entire investigation. Additionally, you have the
right to be represented at all times during this investigation by legally qualified counsel. Such
counsel may be a civilian lawyer of your choice, provided at no expense to the United States, or
a qualified military lawyer of your selection, if reasonably available, or a qualified military
counsel detailed by the Senior Defense Office, U.S. Army Trial Defense Service, Bamberg Field
Office, APO AE 09139. There is no cost to you for military counsel. You also have the right to
waive representation by counsel.

3.
Additional rights you may reserve include:

a.
The right against self-incrimination under Article 31, UCMJ.

b.
The right to cross-examine any witness presented against you.

c.
The right to present anything in defense, extenuation, or mitigation.

d.
The right to make a sworn or unsworn statement, oral or in writing.

4.
The names of witnesses as lcnown to me, who will be asked to testify at the Article 32
investigation, are: 2 92" MP CO, 1111110-7281.

5.
Additionally, I intend to examine and consider the following evidence:

Commanders Inquiry into LT Nile's misconduct dated 7 August, 2003 investigated by III 1111111111.111111,(Entire Investigation and all enclosures.)
CO3306

DOD-047158

AEAGC-TS-F SUBJECT: Article 32 Investigation
6.
As investigating officer, I will try to arrange for the appearance of any witnesses that you may want to testify at the hearing. Send me the names, addresses, and telephone numbers of any such witnesses by NLT 3 days after the receipt of this notification. If, at a later time, you want additional witnesses, inform me of their names, addresses, and telephone numbers.

7.
You may contact me by calling...17945.

ae(616/ -ziffleiz
Investigating Officer
22
CO3307
DOD-047159
DEPARTMENT OF THE ARMY
Headquaters, 1st Infantry Division
Grafenwoehr Law Center
Unit 21830

REPLY TO
ATTENTION OF:

APO AE 09114-3700
aei MP 2, no
AETV-BGJA-G (27-10e)
MEMORANDUM FOR Record of Trial
SUBJECT: Receipt of Service of the Article 32b, Investigating Officer Notification Letter
Enclosed is a copy of the notification letter of the Article 32b, Investigating Officer. Please sign and date the acknowledgement below.
7b/Plptil,,o(/
Encls as
.1=11r
Military Paralegal
I hereby acicnowledge receipt of the above documents on
1LT, U.S. Army Accused
2ovi
C/.
G03306
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE BAGHDAD FIELD OFFICE
a/16,P z,-(i)(0 -z
CAMP VICTORY, IRAQ
APO, AE 09342
REPLY TO
ATTENTION OF:

AETV-THH-TDS2 14 October 2003
MEMORANDUM FOR Commander, 18th Military Police Brigade, Baghdad, Iraq, APO AE
SUBJECT: Request for delay — Article 32 Investigation, US v. 1LT Niles
1.
The defense requests a delay in the Article 32(b) investigation to pursue alternate resolution of this case. The Article 32 Investigation is currently scheduled for 18 October 2003.

2.
I am 1LT Niles' military defense counsel. 1LT Niles wishes to pursue alternate resolution
to this case. Delaying the court-martial proceedings while alternate resolution is pursued has
several benefits for the command, most importantly time and resources.

3.
This delay is premised on the fact that alternate resolution is a real possibility. This is
evidenced by the fact that 1LT Niles Company and I3attalion Commanders have already given
their support to alternate resolution of the case.

4.
Defense assumes full responsibility for this delay. Should alternate disposition not work out the defense will be prepared to conduct the Article 32 Investigation 5 days after being notified of such decision.

5.
I am the point of contact for this memorandum agraffilf@us.army.mil andel!". 1111-1135.

// original signed //
=Pm

Trial Defense Counsel
co3309

U.S. v. Niles2 Page 1 of 1
From ' Sent Thursday, October 30, 2003 4:33 pm To AMINIIIIIMPWilur us.arr1" liMMIN11111@us.army.mil Cc Bcc Subject U.S. v. Niles Attachments Article 32 delay request 2 - Niles.doc 2 31K
Attached is a delay request in this case. As I stated earlier on the phone, the only outstanding document is a letter of recommendation from his Battalion CommanderAMMINS. Once obtained, his resignation packet is complete.
Thank you and the command for the patience.
4•111111.
ate (6)W zi C7)0 -z
C O 33 1 0
https://webmail.us.army.mil/frame.html?rtfPossible-----true&lang=en2 10/30/2003
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
BAGHDAD FIELD OFFICE
CAMP VICTORY, IRAQ
APO, AE 09342

REPLY TO
ATTENTION OF:

AETV-THH-TDS2 30 October 2003
MEMORANDUM FOR Commander, 18th Military Police Brigade, Baghdad, Iraq, APO AE
SUBJECT: Request for delay — Article 32 Investigation, US v. 1LT Niles
1.
The defense requests a delay in the Article 32(b) investigation to pursue alternate resolution
of this case. The Article 32 Investigation is cunently scheduled for 1 November 2003.

2.
I am 1LT Niles' military defense counsel. 1LT Niles submitted a request to resign in lieu of
general court-martial on 30 October 2003. One supporting document to this request remains
outstanding. 1LT Niles is diligently trying to obtain this document. Delaying the court-martial
proceedings while alternate resolution is pursued has several benefits for the command, most
importantly time and resources.

3.
The timeline of processing this resignation action is out of 1LT Niles hands. Therefore, the
defense requests that the Article 32 Investigation be delayed pending resolution of the
resignation action.

4.
Defense assumes full responsibility for this delay. Should 1LT Niles resignation not be
accepted the defense will be prepared to conduct the Article 32 Investigation 5 days after being
notified of such decision.

5.
I am the point of contact for this memorandum atallIMi@us.army.mil and diallli­alb-1135.

;
cia(19_)01;17)0
original signed //
almaimib

sourmo
Trial Defense Counsel
DOD-047163
AETV-BGJA-V-TDS2 30 March 2004
MEMORANDUM THRU Article 32 (b) Investigating Officer (Attention:1¦111.
FOR Commander, 100th Area Support Group (Attention:011111....1.11 APO, AE 09114
SUBJECT: Request for Article 32 Delay — U.S. v. 1LT Glenn A. Niles
1.
I am a U.S. Army Trial Defense Services attorney representing 1LT Niles.

2.
On behalf of my client, I request a delay in the pending Article 32 hearing until no earlier than Monday, 26 April 2004. The purpose for this request is to allow 1LT Niles to tend to urgent family matters. Specifically, his wife is scheduled for surgery and will be hospitalized from 1 April until approximately 7 April. She will be in recovery for several days, and has a follow-up procedure scheduled for 20 April. The Niles family has three children; 1LT Niles must be available to tend to the children during Mrs. Niles' hospitalization and recovery period.

3.
I understand that this time will be "defense delay" for purposes of "speedy trial" IAW Rule for Court Martial 707.

4.
POC is myself atill11.111111111111Acmtymail.100asq.army.mil , or atell111111.1 2191.

MI=
Cc:2 alliii111111111111111.1 0111.1111111111., 01C, Grafenwoehr Law Center 2MOM Trial Counsel2 Defense Counsel
ate ai6, I 2 ,01 -

c 03312

DOD-047164

DEPARTMENT OF TIIE ARMY
Headquarters, 100th Area Support Group APO AE 09114-3700 0 6 APR 2004 SFIM-GU-G-Z
MEMORANDUM FOR Commander, 100th Area Support Group, APO AE 09114-3700
SUBJECT: Article 32b, Investigation, Defense Delay Request
In the case of U.S. v First Lieutenant Glenn A. N. 615th Military Police Company, APO AE 09112efe2uest in the pending Article 32 hearing until 26 April 2004 i
(6)0 z (7) (c)
CO3313
DOD-047165
2

AETV-BGJA-V-TDS 17 April 2004
MEMORANDUM THRU Article 32 (b) Investigating Officer (Attention: 01101110.
4.11=0)
FOR Commander, 100th Area Support Group (Attention:01111111111111111. APO, AE 09114
SUBJECT: Request for Article 32 Delay — U.S. v. 1LT Glenn A. Niles
1.
I am a U.S. Army Trial Defense Services aftorney representing 1LT Niles.

2.
On behalf of my client, I request an additional delay in the pending Article 32 hearing until Tuesday, 11 May 2004. The purpose for this request is to allow for the appointment of a military psychiatrist as an expert assistant to the defense team; for 1LT Niles to meet with this doctor; and for the doctor to complete his evaluation report.

3.
I understand that this time will be "defense delay" for purposes of "speedy trial" IAW Rule for Court Martial 707.

4.
POC is myself atINIIIIIIIP,bmtvmail.100asq.armv.mil , or ati.111111111

2191.
11111111111.111
CC
111111111111=1 diumni
=is Defense Counsel

ate (6}6i (7) Cc) z

GO3314
From:-11111111111.1111111111. Sent:-Monday, April 19, 2004 10:14 AM To:-1111•10111¦11111
Cc:-1111111=mmiempo. (Judge Advocate) ate (0) ?) (7,)( Subject:-FW: US v. Niles - Req for Add. 32 Delay
2Original Message 2 From: saummumiinur (Defense Counsel) Sent: Saturday, April 17, 2004 10:00 AM To:11111111111¦11.
C c : *////IWIIIMI firi (OIC, Law Center); inown¦01111(Judge Advocate) Subject: US v. Niles - Req for Add. 32 Delay
As we discussed on the phone on Thursday, we request delay until Tues., 11 May so that'll/1M can evaluate the accused and produce a report (in addition to getting appointed). Signed delay request is attached. Thanks,
Art 32 Delray Reg
412.pdf

V/R
Defense Counsel
c 6331-s
DOD-047167
DEPARTMENT OF THE AR1VIY
Headquarters, 100th Area Support Group APO AE 09114-3700
2 0 APR 2004
MEMORANDUM FOR Commander, 100th Area Support Group, APO AE 09114-3700
SUBJECT: Article 32b, Investigation, Defense Delay Request
In the case of U.S. v First Lieutenant Glenn A. 615th Military Police Company, APO AE 09114, the De2request in the pending Article 32 hearing until 11 May 2004 is
)60)2)(7)g)z,
(6
G03316
DEPARTMENT OF THE ARMY
Headquarters, 100th Area Support Group
APO AE 09114-3700

2
2 1 MAY nu
SFIM-GU-G-Z
MEMORANDUM FOR RECORD
SUBJECT: Article 32b, UCMJ, Investigation, Defense Delay Request
In the case of U.S. v First Lieutenant Glenn A. Niles, ' 615th Military Police Company, APO AE 09114, the Government requests that following Defense delay requests be approved and ratified:
14 October 2003 ($) CO -2, '1(7 (6)
30 October 2003
30 March 2003
17 April 2004
03 May 2004

The defense delays listed above are 2oved ketiva-770-vrd)-.
CO3317
DEPARTMENT OF THE ARMY
HEADQUARTERS, V CORPS
UNIT 91400

APO AE 09302-91400
REPLY TO
ATTENTION OF

2
1 0 DEC 2003
AETV-CG
MEMORANDUM FOR Commander, PERSCOM (TAPC-PDT-PM), 200 Stovall Street, Alexandria, Virginia 22332-0478
SUBJECT: Resignation for the Good of the Service in Lieu of General Court-Martial — 1LT Glenn Niles, Jr., 615th Military Police Company, 709th Military Police Battalion, 18th Mihtary Police Brigade, APO AE 09302
1.
I recommend disapproval of 1LT Niles' resignation from the Army in lieu of general court-martial.

2.
1LT Niles is pending trial by court-martial and is charged with three specifications of a violation of Article 93 and one specification of a violation of Article 133, both charges stemming from cruelty and maltreatment toward three Iraqi prisoners. In accordance with paragraph 3-14, Army Regulation 600-8-24, the charge sheet and allied documents are enclosed.

7 Encls
2 111111111tSY 1°4"
1.
Accused's request2 Lieutenant General, US Army

2.
Chain of Command Recommendations 2Commanding ,

3.
Defense Counsel Request

4.
DA Form 458

5.
Commander's inquiry and allied documents

6.
OER

7.
ORB

CO3316
0; '23/01 11:n FAX 703 325 oq:74
OFFICER RET 8c SE ?
_.

_

DEPARTMENT OF THE ARMY
U.S. ARMY HUMAN RESOURGES COMMAND
200 STOVALL STFEET ALEXANDRIA VA 22332-04110
301 7.604.
AHRC-PDT-PM
klEMORANDUM FOR Commanding General, Headquarters, V Co] :)S, 91400, APO AE:: 09302-91400
SL i3JECT: Resignation for the Good of the Service
The enclosed resignation for the good of the SeIVIO6 tendered •;::-/ Flriit Lieutenant 01-ann A. Niles Jr.2• USAR, fvIP, was not eraceptiid by t.te 'DepubjAssi3tE.111 Setwetary (Army Review Boards).
2. The-Deputy Assistant Secretary has directed that ynu take ac;:•11 BS :lamed eporopriate.
•:-'0R THE COMMANDER: (i6jz -7(c) —
Elcis
ChletOfficer Retiramert9 and Sepeations Sec:iion
G33319

2
Printed on Ria.3;/(ted Papnr
DEPARtMENT -1:1*. THE "ARMY • 527th Wig* Pollee Company -.abt Baghdad, Imq­APO AE 09302-1325-• („4,.).) 2 -(7)(c)--a-
l*
coet,04,6a,d
FtEPLY TO
ATTENTION OF

AETV-MPB 7 August 2003
MEMORANDUM THRU Executive Officer, 709 Military Police Battalion, Baghdad, Iraq APO AE 09302-1324
FOR10111111., Commander, 709 Military Police Battalion, Baghdad, Iraq APO AE 09302-1324
SUBJECT: Commander's Inquiry on 1LT Glenn A. Niles Jr , 615 Military Police Company
1. BACKGROUND. On 30 JUL 03 it is alleged that 1LT Niles while in the latrine of the Detention Cell at the Al Taji Iraqi Police Station on 301000DJUL03 maltreated several of the detainees.
a.
On 29 JUL 03 at the Al Taji Iraqi Police Station in Baghdad Iraq four detainees later identified aslINSID 1111101¦011111111011111111111111111111111111111111111111•111111.11. and were being held in the detention cell. CM:y.4 •Allegedly three of the detainees, /111/11111111111. 611/1/1111111111161 and IIIIMINIMIngle went into the latrine portion of the detention cell. When the three detainees identified above entered the latrine they allegedly (7)CC) broke off one of the shower pipes in the middle shower.stall and used the pipe to attempt to brealc a hole in the wall of the latrine. They broke several of the ceramic tiles out of the wall with the pipe and the hole is about four inches in depth at the deepest point. TheY were unsuccessful in breaking a hole all the way through the walL

b.
The detention cell in the Al Taji Iraqi Police Station is broken up into two sections; a holding area section and a latrine section. The holding area section is 32.5 feet long by 15.8 feet wide. The latrine section is joined to the holding section by a door. The latrine section of the detention cell 15.8 feet long by 15.8 feet wide. In the latrine there are three staRs that each contain an Iraqi style toilet and a shower system.

_
c.
The fourth detainee, 1111111/1111111/1., told the Military Police at the Al Taji Iraqi Police Station that the three detainees had attempted to escape from the Al Taji Iraqi Police Station by using a pipe from the shower in the 0,./V; second shower stall to punch a hole in the wall of the latrine. IMININIIMr has worked for coalition forces as (7)Cci an interpreter in the past.

e.
The MPs removed the three detainees suspected of attempting to escape from the Al Taji Detention Cell and placed them in hand restraints. The prisoners remained in the plastic hand restraints for approximately one hour and then the hand restraints were removed so the detainees could use the latrine.

f.
The MPs at the Al Taji Police Station called the 615 Military Police Company Tactical Operation.s Center (TOC) and informed the TOC of the incident. The TOC then notified the Platoon Leader that was responsible for the station, 1LT Niles, of the incident.

g.
On 30 JUL 03 at approximately 0900D, 1LT Niles arrived at the Al Taji Iraqi Police Station. 1LT Niles
infonned11111111/6 that he was going to enter the Detention Cell to look at the damage that was done to the
detention cell. IIIINNIIIIIIgathered several other soldiers,111111111111/1111/1111 andel/1M to guard the
detainees while 1LT Niles inspected the damage to the wall in the latrine of the Detention Cell. When the group
entered the detention cell the detainees, approximately four detainees were placed against the back wall in the lazge
holding area. was ordered by 1LT Niles to pull security on the detainees. INNIMMI stood in the
doorviay of the latrine keeping eyes on/1/1/16 and in the latrine. 1LT Niles,1111.01111/and/11

IBM entered the latrine. 1LT Niles inspected the portion of the wall of the latrine that had been damaged by the detainees on 29 JUL 03. After conducting a visual inspection 1LT Niles tolding1/1/1 to bring in the three
CG3320
DOD-047172
AETY-MPB
SUBJECT: Commander's Inquiry on 1LT Glenn A. Niles Jr 615 Military Police Coinpany.

aae(b4)
detainees that had allegedly damaged the wall of the latrine. MUM aid separated tl2e three CrIr° detainees that had caused the damage...1 remained in the large holding area pulling security on the
remaining detainee.
h. When the first detainee entered the Detention Cell, 1LT Niles grabbed the detainee around the neck and pulled the detainee toward the wall and asked the detainee several bales, "Did you do this?" directing the detainee to look at the hole in the wall of the latrine. He then pushed the detainee toward the back comer of the latrine. He grabbed the second detainee entering the latrine around the back of the neck in a similar fashion as the first and asked the second detainee several times, "Did you do this?" directing the detainee to look at the hole in the wall of the latrine. 1LT Niles then pushed the detainee toward the first detainee in the comer of the latrine near the damage to the wall. The third detainee walked around 1LT Niles and joined the other two detainees in the comer of the latrine near the damage to the wall. The three detainees were in a line against the wall facing 1LT Niles. At this point 1LT Niles struck the first detainee to enter the latrine in the stomach. When 111111111.1, located in the doorway of the latrine, witnessed 1LT Niles strike the first detainee, he went to infonn 2111111111111, the platoon sergeant, what had taken place in the latrine. Then 1LT Niles struck the second detainee in the stomach. all/M. located behind 1LT Niles, grabbed 1LT Niles from behind and attempted to pull him away from the detaine,es. 1LT Niles kicked the third detainee in the neck and shoulder area before 1111111111.111k was able to remove 1LT Niles from the latrine. Once 11111111IIIIhad pulled 1LT Niles from the detainees, 1LT Niles proceeded to the MT Office. 01111011111111passed 1LT Niles in the hallway on his way to the Detention Cell to try to detennine what had transpired. 111111111.1 followed 1LT Niles into the MP Office and closed the door behind:him. He told 1LT Niles, "You had better never ever put me or tity soldiers in that lcind of situation ever again", and IIIIIIIIMpwalked out of the office.
2. FINDINGS. After interviewing and gathering swom statements from 5 soldiers that were at the Al Taji Iraqi Police Station during the incident, I conclude that 1LT Niles did maltreat three detainees in the latrine of the Detention Cell at the Al Taji Police Station. 'The three soldiers that were eye witnesses to the incident all state that they saw 1LT Niles assault the detainees by striking them with his fist and foot. 1LT Niles stated that he struck the detainees out of anger due to the damage they had caused to the wall of the latrine and the attempted escape from the Detention Cell. 1LT Niles lost control of the situation and his actions. All of the exhibits associated with this investigation reference the incident that occurred on 30 JUL 03.
a. Enclosures 2, 3, 4, 5, 6, 7, and 8 state that 31110111.1 11.1.111,61.111111111114 IMO and
1LT Niles did enter the Detention Cell at the Al Taji Iraqi Police Station on 30 JUL 03.

b.Enclosure 4, and 6 allege that111111111. and 1111111111111111 witnessed 1LT Niles strilce three detainees in various locations on their bodies while he was in the latrine of the Detention Cell at the Al Taji Iraqi Police Station.
c.
Enclosure 5 alleges thatIMMIll witnessed 1LT Niles strilce one detainee before he (111111111111.1) exited the latrine in order to inform the11111111= about what had transpired in'the latrine of the Detention Facility.

d.
In Enclosures 2, 3, 4, and 5111111111.11.,11111111111111ft, animal all state that the detainees that 1LT Niles struck did not require any additional medical treatinent nor did they sustain any visible injuries from the assault.

e.
In Enclosure 8 1LT Niles states that he was overcome by anger and he was not in control of hfinself or his
actions when he mistreated the detainees in the latrine of the Detention Cell of the Al Taji Police Station on 30 JUL

03.
In Enclosures 4, 5, 6, 7, and 8 all soldiers state that they did not feel threatened by any of the detainees while
they were in the Detention Cell of Al Taji_Pnlice.Station on 30 JUL 03.

g. In Enclosures 4, 5, and 6111111/.11,11//1. and 1111111111111r state that the unit does not have Standing
Operating Procedures to deal with Detainee Misconduct.

3. RECOMMENDATION. I recommend that a formal AR 15-6 Investigation be conducted, and that 1LT Niles be
removed from his troop leading position until the completion of the investigation. I recommend that I LT Niles

CO332/
DOD-047173
.
• .
-MPB SUBJECT: COMmander's Inquiry on 1LT Glenn A. Niles Jr, ' 615 Police Company.
attend anger management classes. I also recormnend that all solcliers in the Battalion, that deal with detainees, get additional training regarding proper detainee handling procedures.
4. POC is the undersigned at 11111/1111/110-5231.
$111111111111111111111t wanshrs
Investigating Officer
0o-z-
CO3322
DOD-047174
Enclosure 1 Enclosure 2 Enclosure 3 Enclosure 4 Enclosure 5 Enclosure 6 Enclosure 7 Enclosure 8 Enclosure 9
TABLE OF CONTENTS

Commander's Inquiry Appointment Letter
Sworn Statementallillap. , on 01 AUG 03
Sworn StatementIMMIEM , on 04 AUG 03
Sworn Statement 11111.10161. on 04 AUG 03
Sworn Statement on 04 AUG 03

Sworn Statement fainalgrie.m 04 AUG 03
Sworn StatementONIMINIS , on 04 AUG 03
Sworn Statement 1111111111111111114 on 06 AUG 03

-
/17-A 1,1E,S
Rights Warning Procedure/Waiver Certificate from 114T Niles, on 06 AUG 03
aLe-(4)6) 2-(7i CO Z._
G03323
DOD-047175
DEPARTMENT OF THE ARMY 709th Military Police Battalion Baghdad, Iraq APO AE 09302-1324
AETV-MPB te,a),,V)2 1 August 2003
MEMORANDUM FOR 11111111.111111111111111111. Detachment, 709th Military Police Battalion , Headquarters and Headquarters
SUBJECT: Commander's Inquiry

1.
You are hereby appointed to conduct an unofficial investigation and Battalion Commander's Inquiry for the alleged maltreatment of Iraqi prisoners by a U.S. Army officer.

2.
It has been alleged that 1LT Glenn A. Niles. , 615th Military Police Company, has mistreated Iraqi prisoners. Your findings will be presented in memorandum format to the undersigned no later than 8 August 2003.

3.
The point of contact for this memorandum is the undersigned at Diiiiiiatiai-5235.

4.
"WARRIORS!"

Commanding
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SWORN:S.TATEMENT ' For. use of this form, seeAR 19045; the' prOPOiiiiit agency is ODCSOPS •
a0(047) Z .
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PRIVACY ACT STATEMENT AUTHORITY: • Title 10 USC.Section 301; Title 5 USC Section 2851; E.G. 9387 dated November 22, 1943 ISSN!..
0111© ' Z--"-
PilliCiPAL PURPOSE:
To provide commanders end law enforcement ofFmials with means by which information may be accurately identified. ROUTINE USES:
Your social security number h used es an addItionallalternate means of identification to facilitate fang end achieve!. DISCLOSURE: Disclosure of your sociel security number is voluntary. ' 1. LOCATION
2. DATE (YITYMMODI Ap-3. TIME Ilk— 4. FILE NUMBER
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, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
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10.EXHIBIT
11.INITIA-OF PE-N MAKING STATEMENT PAGE 1 OF-5-pAGEG
ADDITIONAL PAGES MUST CONTAIN THE HEAOING "STATEMENT OF . TAKEN AT oArED
THE BOTTOM OF EACH ADOMONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST BE BE INDICATED.
-
DA FORM 2823, JUL 72,1S OBSOLETE USAPA V1.00
CO3325
DOD-047177
USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.
sTATEMENT OF
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TAKEN AT28.6(2.4,144.
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PAGE 2, DA FORI12822, DEC ISO8 PAGES
CO332VA"00
DOD-047178
.mainel¦ewew
STATEMENT OF TAKEN AT /344"413 avor
B. STATEMENT (Cot:thump
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE

. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM

OF EACH PAGE CONTAINING THE STATEMENT. I HAVEMADE THIS
STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNUMFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.

WITNESSES: Subscrled and sworn to before me, parson authorized by law to
administer oaths, this2 dey of Aito ­
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INITIALS OF PERSON MAKING STATEMENT PAGE OF PAGES
3 3
PAGE 3, DA FORM 2823, DEC 1988 lISAPA V1.00
G63327
DOD-047179
DEPARTMENT OF THE ARMY
709th Military Police Battalion
615th Military Pollee Company Unit 28130
APO AE 09302-1326
REPLY TO
ATTENTION OF
AETV-MPC-K 18 SEP 03

MEMORANDUM THRU
th • •
Commander 709 Military Police Battalion C,ommander 18th Military Police Brigade
FOR Commanding General, CJTF-7
SUBJECT: Recommendation of UCMJ Action on 1LT Glenn Niles
1.
Request 1LT Glenn Niles be allowed to resign his commission with a General Discharge from active service in lieu of General Courts martial. Without question 1LT Niles did conduct himself in an unacceptable manner as an officer. However, his performance prior to and his actions afterward have convinced me that this officer is worthy of this request.

2.
1LT Niles has been assigned to the unit and served as a Platoon Leader for over 2 years. Prior to this incident, I have never questioned his judgment, values or ability to serve with distinction. Prior to this deployment he successfully led his platoon thni 2 company level EXEVALs, numerous field exercises, and community law enforcement throughout USAREUR. During combat operations he suc,cessfully led his platoon from the front rendering superb results.

3.
1LT Niles did not try to cover up any misconduct on his part and came forward truthfully disposing all that happened in the incident. Ilis open admissions show that he is willing to accept responsibility for his actions.

4.
1LT Niles needs to be punished for his actions. However, I request that the punislunent not be one that will significantly impact on his livelihood for the rest of his life. Prior to entering the Army 1LT Niles served as a counselor for abused children, where he helped over 100 families and was truly an asset to society. A federal conviction from a Courts Martial will ultimately severely impact his ability to perform again as a counselor as well as give back to society.

5.
POC for this action ii11111.0141110 at 41111111111015321.

-
a6)-2;Me) -2_

41111111111111*-

Commanding
G03328
DOD-0471 80
DEPARTMENT OF THE ARMY
709th Military Police Battalion
Baghdad, Iraq
APO AE 09302-1324

AETV-MPB 23 SEP 03

MEMORANDUM THRU Commander, 18th MP BDE

FOR Commanding General, CJTF-7

SUBJECT: Recommendation of UCMJ Action on 1LT Glenn Niles

1.
I request that you allow 1LT Glenn NilesGto resign his
commission with a General Discharge in lieu of General Court Martial. I do
not condone the actions of 1LT Niles but I am compelled to ask for leniency
in this case.

2.
The actions 1LT Niles took on the day in question were inappropriate and
there is no excuse for his conduct. I ask that you consider the
circumstances surrounding the incident and 1LT Niles' past performance. 1LT
Niles and his platoon put their heart and soul into the Taji Police Station.
They personally cleared debris from the police station prior to contract work
beginning and supervised every detail of renovation. 1LT Niles committed
himself to the mission at hand. His dedication was not for his benefit, it
was for the benefit of the Iraqi Police and the Iraqi citizens in general.
1LT Niles got mad because detainees had destroyed part of the renovated_
detention cell, an area that had extensive contract work completed. He was
frustrated because he saw the hard work that he supervised get destroyed.

3.
1LT Niles is a passionate young officer. He made a mistake and he took
responsibility for his actions. He has been removed as a platoon leader and
moved to a staff position and continues to provide outstanding service to the
soldiers he serves.

4.
I hope that you will consider these facts and also recognize that the
possibility of a Federal conviction will severely impact on this young man's
future.

5.
The point of contact is the undersigned, 41111) 0111110k

Pi(c)-z
Commanding

CO3329
DOD-047181
,7_1 =
DEPARTMENT OF THE ARMY
HEADQUARTERS, SEVENTH ARMY TRAINING COMMAND
OFFICE OF THE STAFF JUDGE ADVOCATE
APO AE 09114

2 .
AETV-BGJA A
JUN 2
MEMORANDUM FOR Commanding General, Seventh Army Training Command, APO AE 09114
SUBJECT: Pretrial Advice on Disposition of Court-Martial Charges, 1LT Glenn A. Niles Jr.. 515th Military Police Company, APO AE 09114
1.
I have reviewed the charge sheet and evidence indicated in the report of investigation in the subject case. The following constitutes my advice in accordance with the provisions of Article 34, Uniform Code of Military Justice, and Rule for Courts-Martial 406, Manual for Courts-Martial, United States, 2002.

2.
Legal Conclusions. After a thorough review of the charge sheet and report of investigation, I have reached the following legal conclusions:

a.
Each specification alleges an offense under the Uniform Code of Military Justice.

b.
The allegation of each offense is warranted by the evidence indicated in the report of investigation conducted in accordance with the provisions of Article 32, Uniform Code of Military Justice, and Rule for Courts-Martial 405, Manual for Courts-Martial, United States, 2002.

c.
There is court-martial jurisdiction over the accused and the charged offenses.

3. Recommendation. The Investigating Officer recommends this case be disposed of with a General Officer Memorandum of Reprimand. I disagree. I recommend the charges and their specifications be referred to the general court-martial convened by Court-Martial Convening Order Number 1, this headquarters, dated 25 February 2004.
(-6.) 2,(7)(c) z
11111111,111111111 =PK"
Staff Judge Advocate
The recommendations of the-Staff Judge Advocate 2isapproved).
M. WILLIAMS
r General, USA anding2JUN 2
CO3330
DOD-047182
=-=
=-7
DEPARTMENT OF THE ARMY
HEADQUARTERS, SEVENTH ARMY TRAINING COMMAND
UNIT 28130
APO AE 09114-8130

AETT-CG
JUN 22
"r414
(6Vii-,-(7)0c
MEMORANDUM FOR 1LT Glenn A. Niles Jr., 1111111.0 615th Military Police Company, APO AE 09114
SUB.TECT:.,Referral of Court-Martial Charges, 1LT Glenn A. Niles Jr., 2515th Military Police Company, APO AE 09114
The charges and their specifications, preferred on 30 September 2003, are referred to the general court-martial convened by Court-Martial Convening Order Number 1, this headquarters, dated 25 February
2004.
27cD:/(__
02. WILLIAIVIS Br2er General, USA Commanding
CO3331
COURT-MARTIAL CHARGES TRANSMITTAL FORM
PART I
TO: FROM: DATE:
Court-Martial charges against the following named individual are forwarded and Enclosed. Witness statements, any evidence of previous misconduct, and the accused's ERB are attached. Soldier is not pending chapter action UP AR 635-200.
NAME: NILES, Glenn A., Jr. RANK: 1LT/02 SSIN'
UNIT: 615th Military Police Company, APO AE 09114-3700
Recommend: ( ) Summary Court-Martial ( ) Special Court-Martial ( ) BCD Special Court-Martial ( ) General Court-Martial
NAME OF COMMANDER SIGNATURE OF COMMANDER
PART II
TO: FROM: DATE:
I have reviewed the attached charges, documents, and Article 32 (if applicable) and
(recommend)(direct):
( ) Summary Court-Martial ( ) Special Court-Martial
( ) BCD Special Court-Martial ( ) General Court-Martial

NAME OF COMMANDER SIGNATURE OF COMMANDER
PART III
TO: Commander, 7th Army FROM: Commander, 100th Area DATE:
Training Command, APO AE Support Group, APO AE 09114 L2 1 ilAY loi,
09114
I have reviewed the attached charges, documents, and Article 32 (if applicable) and

(recommend)(direct):
( ).m ary C urt-Martial ( ) Special Court-Martial hOther: / c.4 / ( )-CD peci.: '-ourt-M rtial ( ) General Court-Martial NAM OF e ' L' ` DER SIGNATURE OF COMMANDER
,
Commanding
LLU ‘1(-1)(c)
3332
DOD-047184
a_e_e.2;C:741z
SWORN STATEMENT For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT AUTHORITY:-Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SW PRINCIPAL PURPOSE:-To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES:-Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval. DISCLOSURE:-Disclosure of your social security number is volunt
1. LOCATION 2. DATE (Y.MDDI 3. TIME 111101—' 4. FILE NUMBER
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10.EXHIBIT 11. INITIAL PERSON MAKING STATEMENT
PAGE 1 OF Lc-. PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT TAKEN A T.DATED
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THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, ANDC*6

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USAPA V1.00
DOD-047186

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DOD-047187
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DOD-047188

STATEMENT OF-TAKEN AT j3 )4634cotA
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VAFFIDA IT
HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE ­
. I FULLY UNDERSTAND THE CONTENTS OF THE E TIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BO OM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT 0 REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFL -R U-L IN

(Signature of Pe n Making Statement)
WITNESSES: Subscribed and sworn to before me, a person authorized by law to administer oaths, this 4(., day of Ate4.4 , _
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PAGE 5—OF 42PAGES PAGE 2, DA FORM 2823, DEC 1998 USAPA V1.00
DOD-047200

STATEMENT OF -TAKEN AT -DATED ­
9. STATEMENT (C.ontinued1
AFFIDAVIT
-, HAVE READ OR HAVE HAL .:AO TO ME THIS STATEMENT WHICH GINS ON PAGE • AND ENDS ON PAGE ISt
. I FULLY UNDERSTAND THE CO TE1,4 -`F THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE
IALE THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT PE OF
LEFIT OR REWARD, WITHOUTTHREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INF WFU4
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(Sign le—C.1-aking ent)
WITNESSES: Afbscribed and sworn t-) ,re me, a person authorized by law to
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at 7-"A.1/ /elf 7),/.-177,0",
ORGANIZATION OR ADDRESS
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ORGANIZATION OR ADDRESS (Atm.''!ninister Oaths) G3334
INITIALS OF PERSON MAKING STATEMENT
PAGE /0 OF PAGES

PAGE 3, DA FORM 2823, DEC 1998 U SAPA V1 .00
at6t) 2 ,.-
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODC:-,•.PS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated Nov : ar I' 2, 1943 (SSW PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by whict, : )rrn tion may be accurately
ROUTINE USES: Your social security number is used as an additional/alternate means of idenril. .ition to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your social security number is voluntary.
1. LOCATIO.N 2. DATE IYYYYMM.. TIME . FILE NUMBER
AI lila( Poi ¦ eg A-ba.-t;og , Rao c2on,S ol? 04 -
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ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT .KEN AT
THE BOTTOM OF EACH ADDITIONAL ,p41G*M4J$T BEAR THE INITIALS OF THE PERSON MAK:
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DOD-047203
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CO3352

INITIALS OF PERSON MAKING STATEMENT
PAGES
PAGE 2, DA FORM 2823, DEC 1998 USAPA V1.00
DOD-047204
•2••-
STATEMENT OF falliallEIRM -TAKEN AT.116; pan 0.E 5-m4;c0 ,A
9. STATEMENT (Continued)
)(0

AFFIDAVIT
I,­
, HAVE READ OR HAVE HAD RE .L -(2TATEMENT
WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE2. I FULLY UNDERSTAND THE CONTENTS ' -2
.TEMENT MADE
BY ME. THE STATEMENT IS TRUE, I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALEC il ACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY ITHOUT 2M' OF BE F.
WITHOUT
\ • AR
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INw......,.. 1.. 1, r .1,
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INITIALS OF PERSON MAKING STATEMENT
PAGE 3, DA FORM 2823, DEC 1998 USAPA V1.00
DOD-047205

.prutpNzOic )
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SS&
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your social security number is voluntary.
1. LOCATION 2. DATE (YYYYMMDDI.3. 5 4. FILE NUMBER
TAJl-Fel-ICE Win ON ZOO, cloy.-TAIME °514

5. LAST NAME, FIRST NAME, MIDDLE NAME 16. SSN 7. GRADE/STATUS
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10. EXHIBIT 11. INITIALS OF PERSON MAKING STATEMENT
PAGE 1 OF .? PAGES

OM
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT TAKEN AT.DATED
tiu3354.
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED.

_
111C•PtO. 1,./4 no.
DA FORM 2823, DEC 1998 -DA FORM 2823. JUL 72. IS ORsot p-rr--
DOD-047206
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USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.
11111

STATEMENT OF
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9. STATEMENT (Continuedi
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PAGE OF PAGES
PAGE 2, DA FORM 2823, DEC 1998.
USAPA V1.00
DOD-047207
STATEMENT OF-TAKEN AT ralLAULE_SittatIDATED MOOS Or 04
9. STATEMENT (Continued/
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NOC10)0.
Of",
AFFIDAVIT
airsmagh ­
HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE
a . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT

HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE

(Signature of Person Making.entl
A
WITNESSES: Subscribed and sworn to before me, a per on auttiorized by law to
administer oaths, this q day of ,

ii4 2#0 I at Nr,44/ //of ‘..3-7-~set)
ORGANIZATION OR ADDRESS
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INITIALS OF PERSON MAKING STATEMENT 111.11111. PAGE y OF 3 PAGES
PAGE 3, DA FORM 2823, DEC 1998
USAPA V1.00
DOD-047208
011(6..WziPfCci
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT

AUTHORITY:­Title 10 USC Section 301; Title 5 USC
Section 2951; E.O. 9397
dated November 22, 1943 (SSAY.
PRINCIPAL PURPOSE:­To provide commanders and law enforcement officials with means by which informat may be accuratelyROUTINE USES:­Your social security number is used me
as an additional/alternate lis of identif
facilitate filing and retrieval.
DISCLOSURE:­Disclosure of your social security number is volunta-.
1. LOCATION
2. DATE (YYYYMM
'3.2TIME 4, FILE NUMBER
hid071
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5. LAS.T,NpME, FIRST NAME, MIDDLE NA E
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10. EXHIBIT
11.
RSON MAKIN STATEMENT PAGE 1 OF 7.PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING 'STATEMENT
TAKEN A T
DATED r,.el r-A ,G03" ,
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR
THE INITIALS OF THE PERSON M.,IKI(VG THE STATEMENT,
MUST BE BE INDICATED. AND PAGE NUMBER
....,
DA FORM 21;91 nFr! 1000­
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DOD-047209
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USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.
STATEMENT OF
,a4. .
TAKEN AT /37,9i,r4c,.. _,/z7 DATED 6.4, pzpy3
9. STATEMENT (Continued)
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INITIALS OF PERSON MAKING STATE
PAGE .2- OF-PAGES
PAGE 2, DA FORM 2823, DEC 1998
USAPA V1.00
DOD-047210

"
azt 6610 -2
USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.
STATEMENT OF /465/ 70-t-KI-AW/1 TAKEN AT 14.44e/„ -Zce-r DATED 4 Ay
9. STATEMENT (Continued)
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INITIALS OF PERSON MAKING STATE
1 PAGE 3 OF PAGES

PAGE 2, DA FORM 2823, DEC 1998 USAPA V1.00
DOD-047211
aekbA) ;(1 ,(6) -
USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.
STATEMENT OF ‘Zesli TAKEN AT A-lh'ic'0,./ fic./7 DATED 6 45 .2063
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P AG E--4/ OF 7 PAGES
PAGE 2, DA FORM 2823, DEC 1998 USAPA V1.00
•
USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEE-Li
TO FINAL PAGE OF THIS FORM.
STATEMENT OF A/e/64 74,
TAKEN AT
DATED -047 242:03'
9. STATEMENT (Continuedl
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INITIALS OF PERSON MAKING STATEMENT
PAGE 5- OF-PAGES
,z/f9-,v/9?
PAGE 2, DA FORM 2823, DEC 7998
USAPA V1.00
DOD-047213

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.
STATEMENT OF Aas.efhw TAKEN AT 1..4-41:4;%:-. .1C-.7 DATED 49 ..cei 26:t:1
9. STATEMENT (Continued)
dol-e- /A/ 71a--driar",774.9.4v G &-z-L_. a..1, .7.0 je.4.4... a r
el gleorce- yam-ailleroa 'rag_ ce/(AlLeve ...-rh,orA-,IL.-do-7-,1-7"-&-e-.r .44-,' -1.7c_,,,,„...004,,,,....cer. €..a.,7.7.4 giar e- 4/Ge c.-7.1? Ai. A/49 . 491V
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C 3362

INITIALS OF PERSON MAKINAGATkT
PAGE 6 OF 7 PAGES
PAGE 2, DA FORM 2823, DEC 199 USAPA V1.00
DOD-047214

. . ,
.3111111110W­
STATEMENT OF ,04.# -TAKEN AT 6 -45 2o493
DATED
9. STATEMENT /Continued)
ad0)(02 Pg)
th(
/lotere,
AFFIDAVIT
x/A-, ­
HAVE READ OR H AVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE ."1

. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE

INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT 'THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCE
(Signature of Person.ng Statement)
WITNESSES: Subscribed and sworn to before me, a pa son authorized by law to
adminis er oaths, thi) day f ­
2,0v at #019:4100.. 1412.71-c-c-r.
MAO
nature of Perso.ministering Oath)
fAlarne ol Pe
(Typer-(son Administering Oath).
414-46r /j;..-; (4/ V
ORGANIZATION OR ADDRESS 1,. iitIr6ri . 0 AdMinister Oaths)
CO3363
INITIALS OF PERSON MAKING STATEMENT
-7 OF 7
PAGE PAGES
PAGE 3, DA FORM 2823, DEC 1998 USAPA V1.00
DOD-047215

;-
-7 -
RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form, see AR 190-30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 301219)
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by whiCh information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additional/alternate Means of identification to facilitate filing and retrieval.

DISCLOSURE: Disclosure of your Social Security Number is voluntary.
LOCATION .-DATE I 3.2TIME .-FILE NO.
/345h0t4S --T-? & 4 v4' 20::) I.
/0 .75Z.

t
.-fiApIc (Last. Fest, MO ..ORGANIZATION OR ADDRESS
/V,* 1.6.7/1-QQ1,1#42A

( i_ v_
GRADE/STATUS
04)2_ yoke _z_ ..
• MN
Ci. //4 7 ( 01 c-f'` MP 001AA r a A).itlee, wA; 0q)z
PART I -RIGHTS WAIVER/NON-WAIVER CERTIFICATE'
Section A. Rights -
The investigator whose name appears below told me that he/she is with the United States Army .---,Ler
/ (..- 17-/
and wanted to question rne about the follswing offense(s) of whis)4 I am .. suspected/accused•2'Zia. I. er.1;',.?."Caere-7y AtIa•V'..041:42-neeeltriote&--da7 —.MVO L4A, a# ale* l4k.4447‘01/
13-/efor. I
e she asked me any questions about the offense(s), however, he/she made it clear to me that have the following rights:
,I.i ,ozo not have to answer any question or say anything. 2 t • r nything I say or do can be used as evidence against me in a criminal trial. or personnel subject othe UCMJ .I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning. This lawyer can be a civilian lawyer I arrange tor at no expense to the Government or a military lawyer detailed for me at no expense to me, or both.
-Or -
(For clvaiens not subject to the UCMJI I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with
me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if i cannot afford a lawyer and want one, a lawyer
will be appointed for me before any questioning begins.

. If I am now willing fe discuss the offense(s) under investigation, with or without a lawyer present, I have a right tO stop answering questions at any time, or
speak privately with a lawyer before answering further, even if I sign the waiver below.

. COMMENTS (Continue on reverse side(
Section B. Waiver .
I understand my rights as stated above. I am now willing to discuss the offense(s) under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me.
WITNESSES (If available] ..SIGNATURE OF INTERVIEWEE 1 a.2NAME (Type or Print) .0 )(6.) 2 ;
. ORGANIZATION OR ADDRESS AND PHONE . GNATU
(7)e) Z.:

2a.2NAME (Type or Print)
..TYPED NAME OF INVESTIGATOR WO i - /X) 1I a.'.)C
•
. ORGANIZATION OR ADDRESS AND PHONE . ORGANIZATION OF iNvESTIGATO
APZIA14(0/8/
7° ? /6/4-/ K/4/67 4444 ed?
Section C. Non-waiver
. I do not want to give up my rights
0 I went a lawyer2 0 I do not want tO 08 q..estioned or say anything2

C 3 3 3 6 4
SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
—

DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE USAPA 2.01
DOD-047216
PART II -RIGHTS WARNING PROCED9RE
THE WARNING

WARNING - Inform the suspect/accused of:
6W0VrA-
a.
Your official positionlorW014r00-0

b.
Nature of offensels)./te ft A•4417177.

c.
The fact that he/she is a swipe
RIGHTS - Advise the suspect/accused of his/her rights as follows:
'Before I ask you any questions, you must understand your rights."

a.
"You do not have to answer my questions or say anything."

b.
'Anything you say or do can be used as evidence against you in a criminal trial.'

c.
(For personnel subject to the UCMJ) "You have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with you during questioning. This lawyer

"Do you understand your rights?"
Of the suspect/accused says 'no," determine what is not understood, and if

-rneer:#4,44.0-44-AowePts
can be a civilian you arrange for at no exprse to the Government or a military lawyer detailed for you at no 3xpense tO you, or both."
- or • (For.ans not subject to the UCMJ) You have the right to talk privately to a lawyer be , during, and el er questioning and to have a lawyer present with you during qua ing. This lawyer can be one you arrange for at your own expense, or if you ca t afford a lawyer end want one, a lawyer will be appointed for you before2questioning begins.'
d. "If you are now willing2scuas the offense(s) under investigation, with or without a lawyer pros you have a right to stop answering questions at any time, or speak pn ly with a lawyer before answering further, even if you sign a w certificate.'
Make certain the suspect/accused fully understands his ghts.
THE WAIVER
you want a lawyer at thir. time?' (If the suspect/accused says "yes,: stop the questioning until he/she has a ,
necessary repeat the appropriate rights advisement. If the suspect/accused says lawyer. If the suspect/accused says "no," ask him/her the following question.) 'yes," ask the following question.)
"At this time, are you willing to discuss the offense(s) under investigation and 'Have you ever requested a lawyer after being read your rights?' make a statement without talking to a lawyer and without having a lawyer (If the suspect/accused says "yes,' find out thAtn.andx.hese. If the request present with you?' (If the suspect/accused says 'no,' stop the interview and was recent ae., fewer than 30 days ago), obtain legal advice whether to have him/her reed and sign the non-waiver section of the waiver certificate on continue the interrogation. If the suspectJaccused says 'no,' or if the prior the other side of this form. If rhe suspect/accused says "yes, *have him/her read request was not recent, ask him/her the following question.) and sign the waiver section of the waiver certificate on the other side of this
form.)
SPECIAL INSTRUCTIONS
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: If the suspect/accused orally waives hisTher rights but refuses to sign the waiver certificate, you may proceed with the questioning. Make notations on the waiver certificate to the effect that he/she has stated that he/she understands his/her rights, does not want a lawyer, wants to discuss the offense(s) under investigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY: In all cases the waiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. If the waiver certificate cannot be completed at once, as in the case of street interrogation, completion may be temporarily postponed. Notes should be
kept on the circumstances.
PRIOR INCRIMINATING STATEMENTS:
1. If the supsect/accused has made spontaneous incriminating statements before being properly advised of his/her rights he/she should be told that such statements do not obligate him/her to answer further questions.
CONIMENTS (Continued)
2. If the Suspect/accused was questioned as such either without being advised of his/her rights or some clJestion exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Staff Judge Advocate shot.ld be contacted for assistance in drafting the proper rights advisai.
NOTE: if 1 Of 2 applies. the tact that the suspect/accused was advised accordingiy shouid b., noted in the comment section on the waiver certificate am.: initial -A by the suspect/accused.
WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON' EXERCISING HIS OR
HER RIGHTS DURING .1-1.W IN. ¦ ERROGATION PROCESS: If during the
interrogation, the suspo'..:i dispiays indecision about requesting counsel (for
example. 'Maybe I shouid get a iawyer.'), further questioning must cease 'immediately. At that po ¦ ni, yo., may question the suspect/accused only
concerning whether he or she desires to waive counsel. The questioning may not
be utilized to discourage a susoect/accused from exercising his/her rights. (For
example, do not make such ccmments as "If you didn't do anything wrong, you
shouldn't need an attorney.")
C 336

USAPA V2.01
REVERSE OF DA FORM 3881
DOD-047217
Page 1 of 1
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DA TOM 87-9, OCT 97
I S AEG 211R2
C33366
Page 1 of 1
C44) 2/514)(3-­
r
nut NILES GLENNA.
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2LT Niles performance has been extreinely exceptional. As inawim avaura tog .7.‘, blynuartfyiatoon, hesuccessfully provided direction and oversight with excellent result. A gatt leader, he inspired his soldiers to geta first time go during die most recent M4 qualification range. 2LT Niles is an excellent onyx with unlimited
tentialtor position of higher responsibilities. 2LT Niles is aaaggressive, dedicated, hiOly motivated:and a
working Platoon Leader who gets the miss' ion accomplished. 2LT Niles coord planned, resourcedand executed effective traincoatrotia=n's success: during-the Company
ingexercises for his platoon, lead* to his l
=NAL. The Obierier ller complemented 2LT Niles for his is performance, and his soldiers
level of motivation during the Company IDGNAL. 2LT Niles maintained one hundred percent weapons
qiialification rate in his platoon, m addition to maintaining complete accountability of his platoon's ailment.

He also ensured that his platoon's t was always mission 'le. He planned and executed M
qualification ranges. As the unit's Officer and Arms.room * , he has ensured that all ate weapon

systems and the NI3C equipthent are serviceable. Promotedhin. to First Lieutenant, groom for theMilitary
Police Captain's Career Course and company command.

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COMPARISON OP THE SEN/OR 2LT Niles performance during this rating period has been nothing short of
RATER'S PROFILE AND BOX CHECK AT
outstandin
' g. Despite die high OPTEMPO, Glenn Niles has managed to lead, train
THE TIE THIS REPORT PROCESSED
and care for hil soldiers in a totally professional and comprehensive manner. He shored up soklier weaknesses and sustained proficiency through well planned and
CENTER OF MASS
flawlessly implemented trahting. He has improved his platoon's morale throughleadership and by demonstrating au abiding orientation of care for soldiers. Send
RO! 2LT NIES GLENN A
to a challenging company command immediately following attenrlance at theCaptains' Career Course. Unlimited potential.
m ill1111¦1111
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DATe 2002 as is
TOTAL RATINGS: 14
.tar annum ASSIGIMNISKSIVICIITRISOFRI211tISSTSUIMIL FOR-COUPSIMEGIVIZIR CFI 128111(*L12,
• 11101202111201BITYL rail:IRMO FEMME MINCE RATINGS THIS OFFICER:
Company Commander, Battalion Assistant S3, Battalion S I .
-
DA FORM 67-9, OCT 97 (Reverse) ÷-use* ant
C33367
-
PART I-- ADMINISTNAIPIEOMIt
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11.87-. W...F1 14 Melkilialk
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LES, GLENN A.
I LT 206,2 ic"
i 1-.0
MP 31A
114, iNDE, SYNTIOD211 CODE LUTAPN-IWON COMM -_
IL &AM TORIVINKIIMII -
5th Military Police Company, APO AE 09114 USAREUR
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ISM Company Commander
DE OF INTERIDENITE lUlTERIlmt DIM. MN 1M MANX POSTNNI DIA-ME
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POST III. DUTY OESCRIPTHIR
mum atm TOM Platooa I eader-IA­
O.-/ I. POSITTONDICNIT 3-IA / M-P itmorrottritrontstsmsmtutes.-notatta mem. aA Mon Mai
ads a fofward deployed MTO&E Military Polke Platoon capable- of deployirig- a-nywhere in the wo-rld at aIfnents notice to conduct high intensity antfliet or st-ability and support operations in. support of the 7g3dlitary Police-Battalion., 18th Military Police Brigade and V Corps. Responsible for the combat readiness,
ining, health, morale- and welhu e of 32 soldiers. Plans and executes realistic 'training as well as providing law
brcement support to 3 different CUTIMMIlifieS.
M-aintains over 85 weapons, 10 HMMWVs, 2 Armored Securityhicles, numerous corrununications equipment and various other MTO&E equipment valued in excess of ,000,000. Areas of special emphasis include: unit supply officer, unit budget officer,unit status reporting
icer, and DFAC officer.
PART IV • PERFORMANCE EVALUATION • PROFESSIONALISM Pawl
CHARACTER oAsposiolo-ot lb e 46Aer: moliiaatiao. et votoei, atitaNdet Nod Aga of irctin essierictionr
MY VALUES Itermints ttruttrtary for sdI 'NV omen& Ike PART VbJ. Ms.Oh
DDIVOIR: oroorrovo lo the Nimes pubicly Inhered code of valves X Po
-5.RESPECT: Ptsmom dimity, cosiewatioft. fairness, & EO
NITECRirt Pennon Ingb 'wolf moral standards: honest in word and deed L 6.SELFLESS-SERVICE: %Ku vniv powoh. Imfom mit X XCOURAGE: Idoralesit physisal cad mina/ bravery X
T. DUTY: MA: profeesionn legal Ind town obligationL-AtTV: ems Pm faith aed elloglance la the U.S. Conlin/how tha Army. the wit widths sold*
X ,AUER ATTRIBUTES I SKILLS I ACTIONS: Fitat mirk -as- a *No' kr nal bba. saute. a.m. Mal of thl tho ben dncrie the eared officer. Select ona ham ATTRIBUTES. NM Iran &MU lCompotencel. end tenet Intm ACHIM
WM: Place astir Or thrappreoriatenvmbared bor with optiorndamonenscirePART vv. Comments- onr-nramlotory irr
Vb for all "No" entries.
1-TTININTES gelect II 2... I wan I x-I ma 1 2. 1 PHYSICAL
I 4_1 NE/ 1 2:_l EMO-THINAL­
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fitness Ind mitre bearing
KILLS (Competence) I. I CONCEPTUAL I X I NO I-,-2-I INTERPERSONAL I ri41 tin I 25j TECHNICAL 1164 I NE1 I
(Select 21 Ownisstratu nand judgment. ctinorlicnta tits ihialciag. MOW
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I /14 I NO I
CT1ONS 11EADERSHIPI1Selict 31 Major activities leaden peffoar. influoircita retatiag, aoll *awing .
. I:WNW
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ROVING T• DEVELOPING X NO ej BUILDING 4 NO )11 LEARNING 14. No
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Seeks taillimatovosnant and organizational
individual subordinates at leaden
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OR OffMER DEVELOPMENT -MANDATOffr TES-Olt NO 1117111101rITAIM OF 111 ASO Pg14.
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171
ate 00 2- Pti 2_ G33368
.147,1,ES, GLENN A. PERIOD COVER'.. __--020710 — 20030709
,-PART V • PERFORMANCE AND POTENTIAL EVALUATION IRaterl

e. EVALUATE THE RIB OFFICER'S PERFORMANCE BUM THE RATING PERIOD ARO HIM POTENTIAL FOR PROMOTION
IR OUTSTANDING PERFORMANCE, SATISFACTORY PERFORMANCE, UNSATISFACTORY PERFORMANCE, OTHER MUST PROMOTE PROMOTE MINOT PROMOTE ttxpk in/
-h. COMMENT EIN SPECIFIC ASPECTS OF IMF PERFORMANCE AND POTENTIAL FOR PRUNIDTHRE REFER TOM OT. OA 1111RA 14 AN1T PARMA, b. Mac Olt FORNIVEET.
•1LT Niles has aggressively performed his job as a platoon leader and produced g-ood results. Glenn consistently
-took on every challenge that was set in front of him and accomplished- them all with a high degree of success.1LT Niles is a true motivator of soldiers both by his aggressive nature and rock solid concern for theirwell-being. Glenn performed such additional duties as the unit supply officer and budget officer. in theperformance of these duties he played a critical role in splitting the unit's property book and- maintaining
'accountability of all lateral transfers, additions, orders, and turn-in documents prior to deployment. His platoonspearheaded the units Armored Security Vehicle training which included 3 different training sessions all
.producing great results. 1LT Niles proved he had a good grasp .of the Army training system when he platuied andexecuted a rigorous pre-deployment training cycle that enable his platoon to receive all 'T" ratings during their.External Eva nation prior to deployment to "Operation Iraqi Freedom". While deployed he successfully plannedand conducted over 20 convoy security missions, 7 cordon.and searches and performed Maneuver and Mobility_Support operations in an arm over 1Ct0 square kilometers rendering superb results He also led his platoon
,through 7 platoon level JUMP TOC. operations in-less than 40 days_ Upon his platoons entry into Raeviad he,aggressively took cha-rge of and put into operation-2 Iraqi police_ stations helping to_ make the city a more secure
"'lace to live. .. .
ILT Niles has unlimited-potential. Continue to groom him and upon promotion assign him as the commander of
a- Corps Support Military Police comp-any
, -
c. 108VTIfY MY UMW PROFESSIONAI POW OFAREAS OF EXPERTISE- Of WE T-0 THE anav THK1 TH1S OffIEER-POSGESSFO. FOFI-Afitaf EIHAFFTFRVE CATEGORY CPT THROUGH
LTC.. ALSO MGM A POTFATIAL CARER-FIELD FOR MUMSERVICE_

Will serve the Army best in Operational Career Field 31A / MP
PART VI -INTERMEDIATE RATER
PM' YR -SEMDR RATER
AL EVALUATE THE RATED OFFICEIMPROMOTIONPOTWIAt 10-71it NUT MOIR GRADE
I maw* UR* fete 14-offeerfai in OM pride
• A complete/ !When at 1 liss-ratiretweilA tis Mut .4 mails., in air rod...1*M' te¦Aew
El BEST QUALIFIED E3 FULLY QUALIFIED DO NOT PROMOTE-OTHER (tviain &kw/-N9 lEspbil a d
El 'Is­
IL-PLIEEIMIAL CEMPARED.WITH.OFfICERS. MAUR RATED IN SAME t....COMAFIIT DELVEREMAKEyoula GRAOEIOVERPRINTED BY DAI
11...T Glenn Niles has lead his platoon., under combat conditions, exceptionally well. He has proven himself uniquely competent - both technically and tactically,no doubt the reaS014 his platoon enjoyed enormous success during Operation Iraqi Freedom. Physically and mentally tough, Glenn is absolutely mission oriented
ABOVE CENTER OF MASS
0 err then 50% in-tartar Ewalt of

and a leader that inspires-his- troops to perform g their very best. A talented
hi... if 50% at mare 1/1 top boil
officer who should be promoted to Captain and selected to .command a Corps orDivision MP Company„ -Great Potential. -
El-CENTER Of MASS
ET'-BELOW CENTER OF MASS
RETAIN

BELOW CENTEFI OF MASS
d. UST 3 FIRM ASSIGNMENTS RI WW14 Tin %FREER MUST SIViE-S. FOR AVM IIIME11-TIW CA MORI CPT THROUG4 ITC.
DO NOT RETAIN ALSO INDICATE A POTENTIAL CAREER FIELD FOR FUTURE SERVICE.

3E09
t
-
+ Company Command, Asst S3, Community Provost Marshal
-
Dii FORM 67-9, OCT 97 (Reverser USAPA V2.01
DOD-047221
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

7 September 2004
ORO 2 (7)(C) 2„
Headquarters, 280th PSB
DearralINNI00
1 am writing this memorandum as part of my continuing representation of 1LT Glenn A. Niles, Jr. to respectfully ask you for your support in getting clemency for my client.
As you learned at his court-martial, 1LT Niles now has a federal criminal conviction on his civilian record, and a court-martial conviction in his military record. I am petitioning the General Court-Martial Convening Authority (BG Williams, Commander of 7th ATC) to set aside this conviction IAW Rule for Court Martial (RCM) 1 107(c)(2)(A). I will be asking him to issue the reprimand in its place.
In or out of the Army, this conviction is going to greatly impede I LT Niles' future. If the conviction remains on his record, he will likely lose his security clearance. This will prevent him from continuing to serve as a member of the MP Corps. It will also eliminate many other options that he would have within the military. As a civilian, however, this conviction will have even more serious consequences. For instance, 1LT Niles will likely be unable to use his Masters ip counseling because he would have a record.
I feel that a criminal conviction is unjust in this case. Of course, 1LT Niles could have pled not guilty and fought this charge. The simple fact is, however, that he did strike the Iraqi prisoners as alleged. He is a man of integrity and could not morally or ethically plead not guilty when he knew he did it. My belief is that 1LT Nile's' misconduct should never have been brought to a court martial. My goal is to convince the Commanding General of that with my petition for clemency. 1LT Niles should have been given a reprimand in the beginning; the CG now has the opportunity to correct this and give 1LT Niles a real chance to "soldier back" from this incident and advance.
This is where you can help. RCM 1105 (b)(2)(D) provides that an accused can submit clemency recommendations from any person, including court-martial panel members, and that the defense can ask any person for such a recommendation. That is my purpose for writing you. It is not my intent to pressure you, nor do I desire to get any inside information related to your deliberations. Simply stated, 1LT Niles and I need your help. A letter from you as a panel member that heard all the facts in this case supporting our request will send a strong message that would be helpful in persuading the CG to set aside the conviction.
I LT Niles and I thank you for your consideration of this request. I am available to discuss this matter with you an time if ou desire to contact me. I can be reached on 2 or in the office at22191. You can also contact me by email at 2 us.ann .mil . If you are willing and wish to make a clemency recommendation for 1LT Niles, please let me know and I will coordinate the logistics to make it happen.
Very Respectfully,
CF:
OSJA, 1st Infantry Division

In= c 333 1
Trial Defense Counsel

DEPARTMENT OF THE ARMY
HEADQUARTERS, SEVENTH ARMY TRAINING COMMAND
UNIT 28130
APO AE 09114-8130

AETT-CG2
APR 2 6 2004
MEMORANDUM FOROMINIMM., U.S. Army Trial Defense Service, Vilseck Branch Office, APO AE 09114
SUBJECT: Request for Expert Assistance in the Case of United States v. 1LT Glenn A. Niles, Jr.
Your request for appointment of2 Landstuhl Regional Medical Center, as an expert assistant and member of the defense team in the case of
U.S. v. 1LT Glenn A. Niles, Jr. is approved.
M. WILLIAM'S/ Bri2eneral, USA Co2mg
CuAiGi 2/7co
CO3312
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office

APO AE 09112
REPLY TO
ATTENTION Of

age(kg)i p.(ci z
2
AETV-BGJA-V-TDS 19 April 2004
MEMORANDUM TRRU Staff Judge Advocate, Headquarters. 1st Infantry Division, APO, AE 09036
FOR Commander, 7th Army Training Command (General Court Martial Convening Authority), APO, AE 09114
SUBJECT: Request for Expert Assistance — United States v. I LT Glenn A. Niles, 615th Military. Police Company, APO, AE 09114
1. 1LT Glenn A. Niles, the accused in the above-pending General Court Martial, requests the appointment2 Landstuhl Regional Medical Centcr, as an expert assistant to the Defense in the above matter. 1LT Niles further requests thattlEIMIlabe designated as a member of the Defense team under
U.S. v. Toledo, 25 M.J. 270 (C.M.A. 1987).
2. A military accused has, as a matter of Equal Protection and Due Process, a right to expert assistance when necessary to present an adequate defense. U.S. v. Garries, 22 M.J. 288 (C.M.A. 1986); U.S. v. Robinson, 39 M.J. 88 (C.M.A. 1994), citing Britt v. North Carolina, 404 U.S. 226 (1971) and Ake v. Oklahoma, 470 U.S. 68 (1985). "The Equal Protection Clause, the Due Process Clause, and Caldwell v. Mississippi, 470 U.S. 68 (1985); the Code; and the Manual provide that service members are entitled to expert assistance when necessary for an adequate defense. This right extends from the investigative stage through the appellate process." See, U.S. v. Johnson, 39 M.J. 88, 89
(C.M.A. 1994). Failure to employ this expert assistant would effectively deprive 1LT
Niles of his ability to present a defense in this case and would deny him a Im]eaningful
access to justice." Ake v. Oklahoma, 470 U.S. 68 (1985).

3. This expert assistance is both relevant and necessary. 1LT' Niles is accused of maltreatment of Iraqi prisoners during a brief period in the midst of a highly stressful combat deployment. His mental state at the time of the alleged offenses is critical to determining his degree of culpability. As his defense counsel, my ability to adequately prepare his defense will be compromised without the type of expert assistance requested. Further, the Defense cannot communicate freely with the expert on issues relating to the preparation of 1LT Niles' defense unless he is designated as a member of the Defense team under Toledo.
CO3373

LZZLVO -CIOCI

-
•glenn.niles@us.army.mil OFFICER RECORD B-AR60043-104 ORB TYPE BRIEF DATE CRFLD DESIGNATION2CRFLD DESIG DATE CNTL BRANCH2MP COMPONENT AD GRADE -ADOR2I SSN
2900 20040407
BR DTI.JEXPIRES USAR 1LT/P-200214-411111.1M1111111111
,
SECTION I -Assignment Information SECTION II -Security Data SECTION III -Service Data
OVERSEAS DUTY INVEST2BI
BASD Current PPN Ead Current Tour
YR/MO RTN CTRY MONTH TCS NUMBER OF TOURS DTEINV2200403112DTPSCG220040330 20001107 U2 20010510

SHORT LONG CLNC2CLSFD-ACCESS-SUSPD Basic Date of Apt Basic Yr Gp Source of Orig Apt 20010510 FY2001
OCS
SECTION V -Foreign Language
DROS DEROS Mo/Days Afcs Mo/Afs Type of Orig Apt NA 040/21 047 USAR
20041004 Language Read Listen Conus departure date Curr Svc Agrmt/Expr Date Date of Proj/Mand Ret OBV (OBLIGATED VOL) /20051114
Date Dependents Arrived OS 2LT-W01 1LT-CW2 CPT-CW3 MAJ-CW4
Career Field Information- Commisioned/AMEDD/Warrant PDOR 20010510 20021110
BR Code/MedMos1/Pmos Fnctl Area/MedMos2/Smos DLAT
LTC-CW5 COL BG MG 31
SECTION VI -Military Education PDOR
BFtAOCIMedMos3/Pmos Sgi Fnctl Aoc/Smos SQI
OBC GRAD

A __ TDOR LTG GEN
Skills Course Year

SECTION VII -Civilian Education
Basic Branch/PMOS2MIL POLICE
M P OFFICER BASIC 2001 LEVEL COMPLETED2
MASTERS
Functional Area SMOS INSTITUTION MO, WEBSTER UNIV2 MS2E2YR 1999
Career Track X Single Dual
DISCIPLINE COUNSLNG
Piimacy X Branch Functional Area

INSTITUTION .
YR
Prey Branch/MOS
DISCIPLINE
Prey Functional Are-a
INSTITUTION
Control Career Management Field 231Z YR
DISCIPLINE

Projected Career Management Field 231Z00 ' 'Geographic Orientation SECTION VIII -Awards and Decorations AVIATOR QUALIFICATIONS NDSM -
ASED TOFDC As Of 1
Pilot Status Aircraft2Qual ASR -1
Aircraft2Qual Aircraft2Qual Aircraft2Qual
Rating Date
Date Crf Availabi ity Da e Of Last PCS
Date Of Last OER Org Zip Code
200410
20010522 SECTION IX -Assignment Information 20020709
ASGT FROM MO UNIT NO ORGANIZATION . STATION LOC COMD DUTY TITLE DMOS

PROJ
Current 20011005 0615 MP CO CBT SPT EAST CAMP GRAFFE GM PLATOON LEADER
E5 31A310000
ist Prey
2nd Prey '
3rd Prey
4th Prey
5th Prey
6th Prey
7th Prey
8th Prey
ath Prey
10th Prey
11th Prey
12th Prey
13th Prey
14th Prey
15th Prey
16th Prey
17th Prey
18th Prey
19th Prey

-__ . _ --- -
DA FORM 4037 : 17
NAME2 IC)
.V. '
NILES GLENN ANTHONY JR
re)
SECTION IV -Personal/Family Dee
Date of Birth Birthplace2r")
MIMI PANAMA2

(0
Country of Cit
Sex/Redcat
US

M /BLACK,NOT HISP
No Dependent la ioi

kims
aighildren
Marital Status Spouse Birthplace/Cit111111111.1111 SOUTH CAROLINAIUS Pulhes/Date Height/Weight
Home of Record at Ead SOUTH CAROLINA
Mal ing Address
ale-0-6) -0 - V ZH,
SECTION X -Remarks
7 MO PRIOR SERVICE
DATE LAST PHOTO 200302
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if 42.::•A
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RGMT AFL: MP CORPS
DEPARTMENT OF THE ARMY
HEADQUARTERS, SEVENTH ARMY TRAINING COMMAND
APO AE 09114

AETT-CG2
AUG 4 2004
MEMORANDUM FOR First Lieutenant Glenn A. Niles, Jr.2615th Military Police Company, 409th Base Support Battalion, APO AE 09114
SUBJECT: Request for Deferment of Forfeitures
Effective today, pursuant to Article 57(a)(2), UCMJ, I defer adjudged forfeitures until such time as I take action on this case.
OB RT M.2IAMS Brig dier neral, US Army Commanding
CF: 106th Finance Det.
2,- .9(c )
603376

DOD-047228

—
DEPARTMENT OF THE ARMY
-
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

REPLY TO
ATTENTION OF:

2
AETV-BGJA-V-TDS 22 July 2004
MEMORANDUM FOR Commander, 7th Army Training Command, APO AE 09114
SUBJECT: Request for Deferment of Adjudged Forfeitures, 1LT Glenn A. Niles, Jr.,
-3, 615th Military Police Company, APO, AE 09114
1.
On 1 July 2004, at a General Court Martial in Vilseck, Germany, my client, 1 LT
Glenn A. Niles, Jr., was convicted of conduct unbecoming an officer and gentleman. His
adjudged sentence was to be reprimanded and to forfeit $1,003/month for 12 months.

2.
On behalf of my client, I respectfully request that you defer 1LT Niles' adjudged
forfeiture of pay until action is taken on his case IAW your authority granted by Article
57, UCMJ. 1LT Niles has a spouse and three young children that rely exclusively on his
income to meet their day-to-day needs. A deferment until action would help alleviate the
financial hardship on the Niles family.

3.
Should you have questions or concerns please do not hesitate to contact me at

onims
) 2 ;
Defense Attorney
033377
DEPARTMENT OF THE ARMY REPORT OF RESULT OF TRIAL
F01 use of this form. see AR 27-10: the proponent agency is OTJAG
TO: Commander M/B 1st Infantry Division Office of the Staff Judge Advocate :APO -
1. Notification under R.C.M. 1'01 and AR 27-10, paragraph 5-30 is hereby given in the case of the United States v. First Lieutenant Glenn A. Niles. JuniorAPINIII¦C 6I5th Military Police Company. APO AE 09114.
OA) j. 00Z-
2. Trial by General Court-Martial on 01 July 2004, at Rose Barracks Court Room, Vilseck, Germany
convened by Court-Martial Convening Order Number Headquarters. 1st Infantry Division, APO AE 09036.
3. Summary of offenses, pleas arid findings:
CH ART UCMJ SPEC BRIEF DESCRIPTION OF OFFENSE(S) PLEA FINDING
93 In that I LT NILES, at or near AI Taji Police NG NG
Station, Baghdad, Iraq, on or about 30JUL03,
were cruel toward and did maltreat MIN

01111111111k a person subject to his orders, by striking him in the stomach with a closed list.
2 In that I LT NILES, at or near Al Taji Police NG NG Station, Baghdad, Iraq, on or about 30JUL03, were cruel toward and did maltreat Ulna
(6.6) ,i3Oto V
a person subject to his orders, by striking him in the stomach with a closed fist.
3 In that I LT NILES. at or near AI Taji Police NG NG Station, Baghdad. Iraq, on or about 30JUL03, were cruel toward and did maltreat.. illn1111111111k, a person subject to his orders, by kicking him in the shoulder.
I 33 The In that 1LT NILES, did. at or near Al Taji Police Station, Baghdad, Iraq. on or about 30JUL03, while a platoon leader in the 6I5th MP Co., and in the presence cal.% 2 .(71Cil )
andel.
eimmillie. wrongfully and dishonorably__ grabell.111111111.111.by the neck and strilce him in the stomach with a closed fist, wrongfully arid dishonorably strikeell1111.11.11111111111 C4) it )(7)&,)
in the stomach with a closed fist, and whije being detained by (94, 2--rgJz wrongfully and dishonorably kick.. Cb) ,g0 -14- 1.0
411111111111111in the shoulder, all to the disgrace of the Officer's Corps, and the Armed Forces.
C33378

DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

7 September 2004
)(0i)C1
111111111....M.110 ()Pc
Headquarters, I 1th Aviation Regiment
DearilliMMIEMS.
I am writing this memorandum as part of my continuing representation of I LT Glenn A. Niles, Jr. to respeetfully ask you for your support in getting clemency -for my client.
As you learned at his court-martial, 1LT Niles now has a federal criminal conviction on his civilian record, and a court-martial conviction in his military record. I am petitioning the General Court-Martial Convening Authority (BG Williams, Commander of 7th ATC) to set aside this conviction IAW Rule for Court Martial (RCM) I 107(c)(2)(A). I will be asking him to issue the reprimand in its place.
In or out of the Army, this conviction is going to greatly impede 1LT Niles' future. If the conviction remains on his record, he will likely lose his security clearance. This will prevent him fi-om continuing to serve as a member of the MP Corps. It will also eliminate many other options that he would have within the military. As a civilian, however, this conviction will have even more serious consequences. For instance, 1LT Niles will likely be Linable to use his Masters in counseling because he would have a record.
I feel that a criminal conviction is unjust in this case. Of course, 1LT Niles could have pled not guilty and fought this charge. The simple fact is, however, that he did strike the Iraqi prisoners as alleged. He is a man of integrity and could not morally or ethically plead not guilty when he knew he did it. My belief is that I LT Niles' misconduct should never have been brought to a court martial. My goal is to convince the Commanding General of that with my petition for clemency. I LT Niles should have been given a reprimand in the beginning; the CG now has the opportunity to correct this and give I LT Niles a real chance to "soldier back" from this incident and advance.
This is where you can help. RCM 1105 (b)(2)(D) provides that an accused can submit clemency recommendations from any person, including court-martial panel members, and that the defense can ask any person for such a recommendation. That is my purpose for wfiting you. It is not my intent to pressure you, nor do I desire to get any inside information related to your deliberations. Simply stated, 1LT Niles and I need your help. A letter from you as a panel member that heard all the facts in this case supporting our request will send a strong message that would be helpful in persuading the CG to set aside the conviction.
1LT Niles and I thank you for your consideration of this request. I am available to discuss this matter with you any time if you desire to contact me. I can be reached on emillOMINIMMIONNID or in the office atellI1/0-2191. You can also contact me by email atapill1111111111@us.arrn_y.mil. If you are willing and wish to make a clemency recommendation for 1LT Niles, please let me know and I will coordinate the logistics to make it happen.
Very Respectftilly,
111111111111p
CF: 011¦111Ilie
OSJA, 1st Infantry Division 411.
1 033380
Trial Defense Counsel
DOD-047232
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

7 September 20042
eV (00 z ;0(c )
Headquarters, Combat Maneuver Training Center
Dear
I am writing this memorandum as part of my continuing representation of 1 LT Glenn A. Niles, Jr. to respectfully ask you for your support in getting clemency for my client.
As you learned at his court-martial, 1LT Niles now has a federal criminal conviction on his civilian record, and a court-martial conviction in his military record. I am petitioning the General Court-Martial Convening Authority (BG Williams, Commander of 7th ATC) to set aside this conviction IAW Rule for Court Martial (RCM) 1 I 07(c)(2)(A). I will be asking him to issue the reprimand in its place.
In or out of the Army, this conviction is going to greatly impede 1LT Niles' future. If the conviction remains on his record, he will likely lose his security clearance. This will prevent him from continuing to serve as a member of the MP Corps. It will also eliminate inany other options that he would have within the military. .As a civilian, however, this conviction will have even more serious consequences. For instance, I LT Niles will likely be unable to use his Masters in counseling because he would have a record.
I feel that a criminal conviction is unjust in this case. Of course, 1LT Niles could have pled not guilty and fought this charge. The simple fact is, however, that he did strike the Iraqi prisoners as alleged. He is a man of integrity and could not morally or ethically plead not guilty when he knew he did it. My belief is that I LT Niles' misconduct should never have been brought to a court martial. My goal is to convince the Commanding General of that with my petition for clemency. 1LT Niles should have been given a reprimand in the beginning; the CG now has the opportunity to correct this and give 1LT Niles a real chance to -soldier back" from this incident and advance.
This is where you can help. RCM 1105 (b)(2)(D) provides that an accused can submit clemency recommendations from any person, including court-martial panel members, and that the defense can ask any person for such a recommendation. That is my purpose for writing you. It is not my intent to pressure you, nor do I desire to get any inside information related to your deliberations. Simply stated, 1 LT.Niles and I need your help. A letter from you as a panel member that heard all the facts in this case supporting our request will send a strong message that would be helpful in persuading the CG to set aside the conviction.
1LT Niles and I thank you for your consideration of this request. I am available to discuss this matter with you any time if you desire to contact me. I can be reached on my..1101101.111211/11111111111113r in the office at1111/11115-2191. You can also contact me by email ate1.111110@us.army.mil . If you are willing and wish to make a clemency recommendation for 1 LT Niles, please let me know and I will coordinate the logistics to make it happen.
Very Respectfully,
CF:
OSJA, I st Infantry Division

2 CO3381
Trial Defense Counsel
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

7 September 2004
aLe(6)6)Ipg)
Headquarters, 7th Army Training Command
Dear 11111111¦111111111111111111110:
I am writing this memorandum as part of my continuing representation of I LT Glenn A. Niles, Jr. to respectfully ask you for your support in getting clemency for my client.
As you learned at his court-martial, 1LT Niles now has a federal criminal conviction on his civilian record, and a court-martial conviction in his military record. I am petitioning the General Court-Martial Convening Authority (BG Williams, Commander of 7th ATC) to set aside this conviction IAW Rule for Court Martial (RCM) 1 107(c)(2)(A). I will be asking him to issue the reprimand in its place.
In or out of the Army, this conviction is going to greatly impede 1LT Niles' future. If the conviction remains on his record, lie will likely lose his security clearance. This will prevent him from continuing to serve as a member of the MP Corps. It will also eliminate many other options that he would have within the military. As a civilian, however, this conviction will have even more serious consequences. For instance, I LT Niles will likely be unable to use his Masters in counseling because he would have a record.
I feel that a criminal conviction is unjust in this case. Of course, 1LT Niles could have pled not guilty and fought this charge. The simple fact is, however, that he did strike the Iraqi prisoners as alleged. He is a man of integrity and could not morally or ethically plead not guilty when he knew he did it. My belief is that 1LT Niles' misconduct should never have been brought to a court martial. My goal is to convince the Commanding General of that with my petition for clemency. 1LT Niles should have been given a reprimand in the beginning; the CG now has the opportunity to correct this and give 1LT Niles a real chalice to "soldier back" from this incident and advance.
This is where you can help. RCM 1 105 (b)(2)(D) provides that an accused can submit clemency recommendations from any person, including court-martial panel members, and that the defense can ask any person for such a recommendation. That is my purpose for writing you. It is not my intent to pressure you, nor do I desire to get any inside information related to your deliberations. Simply stated, 1LT Niles and I need your help. A letter from you as a panel member that heard all the facts in this case supporting our request will send a strong message that would be helpful in persuading the CG to set aside the conviction.
1LT Niles and I thank you for your consideration of this request. 1 am available to discuss this matter with you any time if you desire to contact me. I can be reached on my.1111/11111111 r in the office atall.1110-2191. You can also contact me by Mail atealleille@us.army.mil . If you are willing and wish to make a clemency recommendation for 1LT Niles, please let me know and I will coordinate the logistics to make it happen.
111111111111111111111k,
MEM
CF: 11.111/1111111.11
OSJA, 1st Infantry Division 0010/11/611.0 C63382 Trial Defense Counsel
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

7 September 2004
*) P czONMNIENN1111.111P Headquarters, 98th ASG
Dear 11.111nallt
I am writing this memorandum as part of my continuing representation of 1LT Glenn A. Niles, Jr. to respectfully ask you for your support in getting clemency for my client.
As you learned at his court-martial, 1LT Niles now has a federal criminal conviction on his civilian record, and a court-martial conviction in his military record. I am petitioning the General Court-Martial Convening Authority (BG Williams, Commander of 7th ATC) to set aside this conviction IAW Rule for Court Martial (RCM) 1 107(c)(2)(A). I will be asking him to issue the reprimand in its place.
In or out of the Army, this conviction is going to greatly impede 1LT Niles' future. If the conviction remains on his record, he will likely lose his security clearance. This will prevent him from continuing to serve as a member of the MP Corps. It will also eliminate many other options that he would have within the military. As a civilian, however, this conviction will have even more serious consequences. For instance, I LT Niles will likely be unable to use his Masters in counseling because he would have a record.
I feel that a criminal conviction is unjust in this case. Of course, 1LT Niles could have pled not guilty and fought this charge. The simple fact is, however, that he did strike the Iraqi prisoners as alleged. He is a man of integrity and could not morally or ethically plead not guilty when he knew he did it. My belief is that 1LT Niles' misconduct should never have been brought to a court martial. My goal is to convince the Commanding General of that with my petition for clemency. 1LT Niles should have been given a reprimand in the beginning; the CG now has the opportunity to correct this and give I LT Niles a real chance to "soldier back" from this incident and advance.
This is where you can help. RCM 1 105 (b)(2)(D) provides that an accused can submit cleinency recommendations from any person, including court-martial panel members, and that the defense can ask any person for such a recommendation. That is my purpose for writing you. It is not my intent to pressure you, nor do I desire to get any inside information related to your deliberations. Simply stated, 1LT Niles and I need your help. A letter from you as a panel member that heard all the facts in this case supporting our request will send a strong message that would be helpful in persuading the CG to set aside the conviction.
1LT Niles and I thank you for your consideration of this request. I am available to discuss this matter with you-any time if ou desire to contact me. I can be reached on myellillimilimmi0or in the office at22191. You can also contact me by email at oliaMeus.army.mil . If you are willing and wish to make a clemency recommendation for 1LT Niles, please let me know and I will coordinate the logistics to make it happen.
Very Respectfully,
CF:
OSJA, 1st Infantry Division
CO3383
Trial Defense Counsel
7,==
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

7 September 2004
(49,) 2,uk_c)
Headquarters, 98th ASG
I am writing this memorandum as part of my continuing representation of 1LT Glenn A. Niles, Jr. to respectfully ask you for your support in getting clemency for my client.
As you learned at his court-martial, ILT Niles now has a federal criminal conviction on his civilian record, and a court-martial conviction in his military record. I am petitioning the General Court-Martial Convening Authority (BG Williams, Commander of 7th ATC) to set aside this conviction IAW Rule for Court Martial (RCM) 1 107(c)(2)(A). I will be asking him to issue the reprimand in its place.
In or out of the Arrny, this conviction is going to greatly impede 1LT Niles' future. If the conviction remains on his record, he will likely lose his security clearance. This will prevent him from continuing to serve as a member of the MP Corps. It will also eliminate nnany other options that he would have within the military. As a civilian, however, this conviction will have even more serious consequences. For instance, I LT Niles will likely be unable to use his Masters in counseling because he would have a record.
I feel that a criminal conviction is unjust in this case. Of course, 1LT Niles could have pled not guilty and fought this charge. The simple fact is, however, that he did strike the Iraqi prisoners as alleged. He is a man of integrity and could not morally or ethically plead not guilty when he knew he did it. My belief is that 1LT Niles' misconduct should never have been brought to a court martial. My goal is to convince the Commanding General of that with my petition for clemency. 1LT Niles should have been given a reprimand in the beginning; the CG now has the opportunity to correct this and give 1LT Niles a real chance to "soldier back" from this incident and advance.
This is where you can help. RCM 1105 (b)(2)(D) provides that an accused can submit clemency recommendations from any person, including court-martial panel members, and that the defense can ask any person for such a recommendation. That is my purpose for writing you. It is not my intent to pressure you, nor do I desire to get any inside information related to your deliberations. Simply stated, 1LT Niles and I need your help. A letter from you as a panel member that heard all the facts in this case supporting our request will send a strong message that would be helpful in persuading the CG to set aside the conviction.
1LT Niles and I thank you for your consideration of this request. I am available to discuss this matter with you any time if you desire to contact me. I can be reached on my 02111/1111/..101.11111111/ or in the office ate/M.219 I. You can also contact me by email atui.M.@us.anny.mil. If you are willing and wish to make a clemency recommendation for 1LT Niles, please let me know and I will coordinate the logistics to make it happen.
Very Respectfully,
CF:
OSJA, 1st Infantry Division

2
Trial Defense Counsel
CO3384
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

7 September 2004
iliniMI.111111.11.00
U.S. Army Medical Activity
Deare1111.1116:
I am writing this memorandum as part of my continuing representation of 1 LT Glenn A. Niles, Jr. to respectfully ask you for your support in getting clemency for my client.
.
As you learned at his court-martial, 1LT Niles now has a federal criminal conviction on his civilian record, and a court-martial conviction in his military record. I am petitioning the General Court-Martial Convening Authority (BG Williams, Commander of 7th ATC) to set aside this conviction LAW Rule for Court Martial (RCM) 1 107(c)(2)(A). I will be asking him to issue the reprimand in its place.
In or out of the Army, this conviction is going to greatly impede 1LT Niles' future. If the conviction remains on his record, he will likely lose his security clearance: This will prevent him from continuing to serve as a member of the MP Corps. It will also eliminate many other options that he would have within the military. As a civilian, however, this conviction will have even more serious consequences. For instance, 1LT Niles will likely be unable to use his Masters in counseling because he would have a record.
I feel that a criminal conviction is unjust in this case. Of course, 1LT Niles could have pled not guilty and fought this charge. The simple fact is, however, that he did strike the Iraqi prisoners as alleged. He is a man of integrity and could not morally or ethically plead not guilty when he knew he did it. My belief is that 1LT Niles' misconduct should never have been brought to a court martial. My goal is to convince the Commanding General of that with my petition for clemency. 1 LT Niles should have been given a reprimand in the beginning; the CG now has the opportunity to correct this and give 1LT Niles a real chalice to "soldier back" from this incident and advance.
This is where you can help. RCM 1105 (b)(2)(D) provides that an accused can submit clemency recoinmendations from any person, including court-martial panel members, and that the defense can ask any person for.such a recommendation. That is my purpose for writing you. It is not my intent to pressure you, nor do desire to get any inside information related to your deliberations. Simply stated,
1LT Niles and I need your help. A letter from you as a panel member that heard ail the facts in this case supporting our request will send a strong message that would be helpful in persuading the CG to set aside the conviction.
1 LT Niles and I thank you for your consideration of this request. I am available to discuss this matter with you an time if you desire to contact me. can be reached on my soulaimmi¦or in the office at22191. You can also contact ine by email at agroyaggim.mil . If you are willing and vvish to make a clemency recommendation for 1LT Niles, please let me know and I will coordinate the logistics to make it happen.
Very Respectfully,
11111.1*
CF:
OSJA, 1st Infantry Division
Trial Defense Counsel
2 CO3385
RECORD OF PROCEEDINGS

G03386
DEPARTMENT OF THE ARMY
Headquarters, Seventh Army Training Command
Office of the Staff Judge Advocate
APO Army Europe 09036

AETV-BGJA-CLD
MEMORANDUM FOR Record of Trial
SUBJECT: Receipt for Staff Judge Advocates Recommendation and Record of Trial
1.
Enclosed is a copy of the Staff Judge Advocate's Recommendation and Record of Trial in your case. Please sign and date the acicnowledgement below and fax receipt to our office at MOW 6757.

2.
1105 matters are due to this office ten calendar days from the date this receipt of service is delivered to your defense counsel.

(1))W Z JO V) -2 NCOIC, Military Justice
I hereby acknowledge receipt of the above documents o
GLENN A. NILES, JR. 1LT, USA
CO3387
DEPARTMENT OF THE ARMY
Seventh Army Training Command
Office of the Staff Judge Advocate
APO Army Europe 09036

AETV-BGJA
MEMORANDUM FOR Record
SUBJECT: Receipt for Staff Judge Advocate's Recommendation
1.
Enclosed is a copy of the Staff Judge Advocate Post Tiial Recommendation and Record of Trial in the General Court-Martial of U.S. v. 1LT Glenn A. Niles, Jr..

2.
Please sign and date the acknowledgment and fax the receipt to our office at...6757.

1C7)o2,
Encls
Cb)20)5-_)--(tryo
as NCOIC, Military Justice
I hereby acknowledge receipt of the above named documents on kl '700_5
MOM
sow
Defense Counsel
CO3388

DOD-047240

***** 1VIILITARY JUDGES' ERRATA SHEET *****

UNITED STATES V. 1LT Glenn A. Niles, Jr. MILITARY JUDGE: 11111111(Pages 1 — 13) PAGE JUDGE' S PAGE JUDGE ' S PAGE 042 (46)z ,(7,) z-JUDGE' S PAGE JUDGE' S
NUMBER INITIALS NUMBER INITIALS NUMBER INITIALS NUMBER INITIALS
9 IIIII

: e a ove page s ( as) (have) correction(s). A copy of each corrected page must be inserted
into all copies of the record of trial.
Signature of Military Judge: FHT Form 27-X22 (SJA) 1 N Date: ,0 ac 0v
C 03389

DOD-047241

–
***** MILITARY JUDGES' ERRATA SHEET *****
UNITED STATES V. 1LT Glenn A. Niles, Jr.2
asi(iM ) 1(7)(c.)
MILITARY JUDGE: 1111.11111111111 (Pages 14 — 245)
PAGE JUDGE'S PAGE JUDGE'S PAGE JUDGE'S PAGE JUDGE'S NUMBER INITIALS NUMBER INITIALS NUMBER INITIALS NUMBER INITIALS
..
349 , r -
gS.
.2
T1
I 3 5---

/3--Z-
1111
A° Y
-Th ¦-
-
—
NOTICE: The above page(s) (has) (have correction(s). A copy of each corrected 2be inserted
into all copies of the record of tria

Signature of Military Judge:
FHT Form 27-X22 (SJA) 1 NO 94

CO3390
DOD-047242
_____.
ERRATA SHEET (Fassler)
CASE NAME: UNIT: TYPE: DATES:
U.S. V. Niles, Glenn A. Jr. 615th MP Company GCM 9 Jun and 1 Jul 04
TC: DC: MJ: MJ:
pumaTo TC: 22 Oct 04 MEM To DC: 22 Oct 04 To MJ: NA To 2nd MJ:

Returned:
,Page Line 95
17 r26 18 -93 14
!
F 101 18 130 19
_
Li-148 18 ;2,02 6 !208 13 209 13,r 17 F.,212 20 1-217 23 r19 13 F20 21
22 13
-
,.
Returned:
Change From:
aft
there negative
Go on X-Eval
your. unauthorized equine plague
"what do they?" mixed relieve for cause tracked will not describe,
NA
Returned: Authenticated:
CORRECTIONS:
Change To:
dill
they positive
Going Ex-Eval
you. authorized akin play
"what do they do?" middle "Relief-for-Cause" tragic will describe,
,
Remarks:
Answer was to the previous question — Can they all see?
Reference to an "Exercise Evaluation"
VALI) 2—s (7.).:.) ---2
.---
-
Page: 1 of 12Reviewers Initials: as
CO3391
DOD-047243
-
iti3NENNVIR7
ERRATA SHEET (Fassler
CASE NAME:
UNIT: ME: DATES:
U.S. V. Niles, Glenn A. Jr. 615th MP Compan GCM
9 Jun anti 1 Jul 04
TC: DC: MJ:
MJ:
NA
To TC: 22 Oct 04 To DC: 22 Oct 04 To MJ: To 2nd MJ:
Returned: 12 0 94-ef Returned: Returned: NA Authenticated:
CORRECTIONS:
Page Line Change From: Change To: Remarks:
58 lb MOM 11110.1 . NA
c,, 6 tirs._ it)lk zczrc I .e./I 0 L 1044 9-0T 13 eiltrit_ iv/A
P Al-ti
2J1. ti p6x4p-x AJ/if
eitui
4./
CD
, I mr....„4„
I 4°' ''¦

-., co ae..e-C)(e=2) 2 7t) — 2—
.„, ., 4604, _
d..
,r,o,
,., -'
-,
111111141\\ —
, ..
.........

of: Reviewers Initials
Page:
CO3392
DOD-047244
RECORD OF TRIAL
Of
NILES, Glenn A. Jr.G First Lieutenant
Mame:.Last, First, Middle Initial).(Social Security Number).(Rank)

09114

615th MP CoGU.S. ArmyGAPO AEG

(Unit/Command blame).(Branch of Service).(Station or Ship)

BY

GENERALGCOURT MA.RTIAL
-
Convened by COMMANDER
(Title of Convening Authority)

Headquarters, 7th Army Training Command

(Unit/Command of Convening Authority)

Tried at

Wuerzburg and Vilseck, GermanyGonG

9 Jun and 1 Jul 04

(Place or Places of Trial). (Date or Dates of Trial)

INDEX RECORD
Article 39(a)G

Sessions:

On 9 Jun 04 R- 1
On 1 Jul 04 R-G81,G
205,

14, 157,
232,G243

239,G
Introduction of Counsel R- 2,G

4
Challenges --
Arraignment R- 7
Motions --
Pleas R- 15
Prosecution evidence R- 18
Defense evidence --
Instructions on findings

..
Findings R- 48
Prosecution evidence R- 92
Defense evidence R- 93 -
Sentence R- 241
Appellate rights advisement R- 244
Proceedings in revision

DD Form 490, Oct 84, Page 1
C 3 3 3 9 3
DOD-047245
‘20(6)6T12/0)ei 2 '2.6cfr"/ e?
TESTIMONY
Direct and Cross and Court

Name of Witness (Last, First, Middle Initial) Redirect Recross

Prosecution
N/A

Defense
1.1111111011111.11-1111 92,G110 102 --
112,G116 115 --
118 123 127
128,G133,G--

134 135
137,G146 144,G--

147
148,G152

154
162,G174,G178

186 182

187 189 --1111111111111r 190 193 --0:).&) ii--(V) 4 195 ----
Accused Unsworn 203 ----

Court

N/A

EXHIBITS ADMITTED IN EVIDENCE
Number or Description Page Where
Letter -

Offered Admitted

PE 1 Stipulation of Fact 18 21

PE 2 Accused's ORB 55 55

PE 3 Accused's OER 55 55

DE A Good soldier book 55 56

DE B Audiocassette tape of Accused's unsworn at 32 hearing 157 158

DE C Letter from 41111.11111111111111111. 158 159

AE I OTP with Quantum 35 --

AE II Notice of Forum and Plea 15 --

AE III Flyer 53 --

AE IV Sentencing worksheet 53 --
AE V Question 1111111011111110 127 --
AE VI Question 1111111111/111110 178 __
AE VII Question 178 --
AE VIII Ques t ion 1111.1011111111111 180 --
AE VIX Post trial and appellate rights 244 --
C33394
DOD-047246
COPIES OF RECORD
.

copy of record furnished the accused or defense counsel as per attached certificate or receipt.
copy(ies) of record forwarded herewith.

RECEIPT FOR COPY OF RECORD 2

I hereby acknowledge receipt of a copy of the record of trial in the case of Unites States v. G
Delivered to me at G this Gday of G, 20

(Signature of accused)

I hereby acknowledge receipt of a copy of the record of trial in the case of Unites States v. G
Delivered to me at G this Gday of G20

(Signature of accused)

1 For instructions as to preparation of copies of record, see back cover or appendices 13 and 14, MCM, 2000.
2 If copy of record prepared for accused contains matters requiring security protection, see RCM 1104(b)(1)(D), MCM 2000

DD Form 490, Oct 84, Page 2

C33395
DOD-047247
G

1 PROCEEDINGS OF A GENERAL COURT-MARTIAL
2
3 The military judge called the Article 39(a) session to order at
4 1215, 9 June 2004, at Leighton Barracks, Wuerzburg, Germany, pursuant
5 to the following orders:
6 Court-Martial Convening Order Number 1, Headquarters, Seventh Army
7 Training Command, APO Army Europe, dated 25 February 2004, as amended
8 by Court-Martial Convening Order Number 8, same headquarters, dated
9 23 June 2004.

10G [END OF PAGE]

11
12
G 3396
DOD-047248
: • •
There were no Court-Martial Convening Orders for the year 2003.
coutEciED con
DEPARTMENT OF THE ARMY
HEADQUARTERS, SEVENTH AP.MY TRAINING COMMAND
UNIT 28130
APO AE 09114-8130

COURT-MARTIAL CONVENING ORDER 25 Februat ; 2004
NUMBER 1

A general court-martial is convened with the following members:
, HHC, I 1th Avn Regt
0)2 PO '2
, Spt Co, 7th Army CATC
, 6-52 ADA
7th ATC
HEIC, 98th ASG

, Rear Det, 280th PSB leM=HHC, 12th Avn Bde A , CMTC
IIIIIII HHC, 98th ASG
, Co B, 17th Sig Bn
, HHB, 1-6 FA

, HHC, 100th ASG
If the accused submits a request pursuant to Article 25(c), UCMJ, that enlisted members serve on the court-martial,
the above named officer members not named below are excused, and the members will be as follows:

.11111111111111011/111111MIllit HHC, Ilth Avn Regt
Spt Co, 7th Army CATC
, 6-52 ADA
41==.}..mC: 7th ATC
HHC, 98th ASG
flrHHC, CMTC
, HHC, I Ith Avn Regt
, HHC, 1-6., AR
, 7th ATC NCO ACADEMY
Spt Co, 7th Army CATC
, HHC, 100th ASG
1111/1111111111111111111 HHC, 100th ASG

BY COMMAND OF BRIGADIER GENERAL WILLIAMS:
DISTRIBUTION:
-
Each Individual Concerned (1) 1111111111111111
CDR, 7th ATC, ATTN: AETV-BGJA-CLD (1) Chief, Military Justice
Record of Trial (I)
I' re r (1)
Reference Set (1)

C33397

DEPARTMENT OF THE ARMY
HEADQUARTERS, SEVENTH ARMY TRAINING COMMAND
UNIT 28130
APO AE 09114-8130

COURT-MARTIAL CONVENING ORDER2 23 June 2004 NUMBER2 8
The following members are detailed to the general court-martial convened by Court-Martial Convening Order Number 1, same headquarters, dated 25 February 2004:
7th ATC
111 HHC, CMTC11Pc, mHHTCc, 7th CSG ate(4)07 MD 2,
VICE:
411111¦11111•111•11 mic, 12th Avn Bde CMTC

1111111.1111111¦111111P, HHB, 1-6 FA
1.111111111111111111111111111.11 HEIC, 100th ASG

For the trial of United States v. 1LT Glenn A. Niles, Jr., 615th Military Police Company, APO AE
09114.

BY COMMAND OF BRIGADIER GENERAL WILLIAMS:

DISTRIBUTION:
Each Individual Concerned (1)
Record of Trial (1) Chief, Military Justice
Record Set (1)
Reference Set (1)

C33398
DOD-047250
GO C..4.) 2 Pg.)

1GMJ: Please be seated. This Article 39(a) session is called to
2 order.
3GTC: This court-martial is convened by Court-Martial Convening
4 Order Number 1, Headquarters, Seventh Army Training Command, dated 25
5 February 2004, copies of which have been furnished to the military
6 judge, counsel, and the accused and which will be inserted at this
7 point in the record.
8GThe charges have been properly referred to this court for
9 trial and were served on the accused on 2 June 2004.

10GThe prosecution is ready to proceed with the arraignment in
11 this case of United States versus First Lieutenant Glenn A Niles.
12GThe accused and the following persons detailed to this
13 court are present:
14G MILITARY JUDGE;
15G41111.1111111111111111111111111111110, TRIAL COUNSEL;
16G1.11111111111111.111111.1111110, ASSISTANT TRIAL COUNSEL; and
17G , DEFENSE COUNSEL.
18GThe members are absent.
19G has been detailed as the reporter for
20 this court and has previously been sworn.
21GAll members of the prosecution have been detailed to this
22 court-martial by the acting staff judge advocate
23 All members of the prosecution are qualified and certified under

2G 033399
DOD-047251
ateCb) &)1 jC9C-c) / 2-

1 Article 27(bravo) and sworn under Article 42(alpha), Uniform Code of
2 Military Justice. No member of the prosecution has acted in any
3 manner that might tend to disqualify us in this court-martial.
4GMJ: Thank you.
5GGood afternoon, Lieutenant Niles.
6GACC: Good afternoon.
7GMJ: You are represented, currently, by 0111.011=11. He is

your detailed military defense counsel, and he is provided to

9 represent you free of charge at this court-martial. You also have 10 the right to request a different military lawyer to represent you, 11 and if that person were reasonably available, then he or she would be 12 also detailed to your case to represent you free of charge. If your 13 request for another military lawyer were granted, however, you would 14 not normally have the right to keep the services of 0.10¦111, 15 because you're normally entitled to only one military lawyer. You 16 could askGboss to allow you to keep him on the case 17 with the other military lawyer, but your request would not have to be 18 granted. 19GIn addition, you, of course, have the right to hire a 20 civilian attorney. A civilian lawyer would have to be provided by 21 you at no expense to the government. If you were represented by a 22 civilian lawyer, you could keep fillMlifflab on your case to assist
3
uu'3400
DOD-047252
aamoz)0@)L,

1 your civilian lawyer, or you could release alalliMalla and be
2 represented solely by your civilian attorney.
3GThose are basically your rights to counsel. Do you
4 understand all of those?

G

5 ACC: Yes, Your Honor.
G

6 MJ: Do you have any questions about them?
G

7 ACC: Not at this time, Your Honor.
G

8 MJ: By whom do you wish to be represented? 9GACC : ByGat this time, Your Honor. 10G
MJ: By 11111111111111111111. alone then?
11G

ACC: At this time, Your Honor.
12GMJ: All right.
13G, please indicate your detailing and
14 qualifications for the record.
15GDC: Yes, Ma'am.
16GI've been detailed to this court-martial blaming.,
17 womb the senior defense counsel. I am qualified and certified
18 under Article 27(bravo), sworn under Article 42(alpha) of the Uniform
19 Code of Military Justice. I have not acted in any manner, which
20 might tend to disqualify me from this court-martial.
21G

MJ: Thank you, and let me just tell you, Lieutenant Niles,
22 given those rights that I've just told you, if you do choose to
23 request another individual military counsel or to hire a civilian

u0 3401
4

aciab,V02,0)&) 2_
1 attorney, then just please notify the court at some point so that I

2 can understand who will be at the court-martial. All right?
G

3 ACC: Yes, Your Honor.
G

4 MJ: Thanks.
G

5 All right, I too have been properly certified, sworn, and
6 detailed to this court-martial. Counsel for both sides appear to
7 have the requisite qualifications and all personnel required to be
8 sworn have been sworn.
9GTrial Counsel, please announce the general nature of the

10 charges in this case.
11GTC: Your Honor, the general nature of the charges in this case
12 are one charge and three specifications of a violation of Article 93
13 for cruelty and maltreatment; one charge and one specification of a
14 violation of Article 133, conduct unbecoming an officer and a
15 gentlemen. The charges were preferred by 41.11111.111.11.1.1.1110

16 Imp forwarded with recommendations as to disposition by OMMOMM
17 410110111111111 and investigated by
18 IMMOMmummi.

19GMJ: So there was an Article 32 investigation held in this case?

20GTC: Yes, Your Honor.
21GMJ: All right, I'm not aware of any matter that may be a ground
22 for challenge against me. Does either side desire either to question
23 me or challenge me?

5G C 034-02
DOD-047254
—
2
1 TC: No, Ma'am.
G

2 DC: No, Ma'am.
G

3 MJ: All right. What I want to do now, Lieutenant Niles, is go
4 over with you your rights as to how you can be tried at this court-
5 martial. You have the right to be tried by a court consisting of at
6 least five officer members. None of those officers would come from
7 your company and none of them would be junior in rank to you.
8GDo you understand what I've said?
9GACC: Yes, Your Honor.

10GMJ: All right. If you were tried by a court with members, the
11 members will vote by secret written ballot and two-thirds of the
12 members must agree before you could be found guilty of any offense.
13 If you were found guilty,-then two-thirds must also agree in voting
14 on a sentence, and if that sentence included confinement for more
15 than 10 years, then three-fourths would have to agree.
16GYou also have the right to request a trial by military
17 judge alone, and if approved, there will be no court members and the
18 judge alone will decide whether you are guilty or not guilty, and if
19 you are found guilty, the judge alone will determine your sentence.
20GDo you understand the difference between trial before
21 members and trial before a military judge alone?
22GACC: Yes, Your Honor.

6

C33403

1GMJ:G, are you prepared to enter a choice of forum

LiiIiii;¦¦¦1716
2 today?
3GDC: No, Your Honor, we ask that we be allowed to defer that
4 until a later date.
5GMJ: All right, your request to defer choice of forum is
6 granted. What that means, Lieutenant Niles, is I'll allow you to
7 continue to talk with your counsel, but at sometime prior to the date
8 that we set for trial, I'll expect that your counsel will notify the
9 court and the government of your choice as to how you want to be

10 tried. All right?

2
11 ACC: Yes, Your Honor. G
12 MJ: The accused will now be arraigned.
G

13 TC: All parties to the trial have been furnished with a copy of
14 the charges. Does the accused want them read?
15GDC: Your Honor, the accused waives reading of the charges.
16GMJ: The reading may be omitted.
17G[THE CHARGE SHEET FOLLOWS AND IS NOT A NUMBERED PAGE.]
18G [END OF PAGE]
19

7

C t) 3 4 0 4
DOD-047256
I. PERSONAL DATA
1. NAME OF ACCUSED (Last, First, MO 2. SSN 3. GRADE OR RANK 4, PAY GRADE
NILES, Glenn A., Jr. 1LT 0-2
5. UNIT OR ORGANIZATION 6. CURRENT SERVICE

r) 9 ii 0 •titi‘C
a. INITIAL DATE b. TERM
— I i-i-as- omytly
615th Military Police Company, APO AE 09302
10 May 01 4 yrs
7. PAY PER MONTH 8. NATIJRE OF RESTRAINT OF ACCUSED 9. DATE(S) IMPOSED
a. BASIC b. SEA/FOREIGN DUTY c. TOTAL
$ dIrtt.-$ $ N/A
N/A
15,MAY4 *2..5 .iff"C"
ifg'i
3MtV ayAV 9.51ifAYOY
II. CHARGES AND SPECIFICATIONS
io. CHARGE I:2VIOLATION OF THE UCMJ, ARTICLE 932 •
SPECIFICATION 1: In that 1LT Glenn A. Niles, Jr., U.S. Army, at or near the Al Taji Police Station, Baghdad, Iraq, on or about 30 July 2003, was cruel toward and did maltreateMNIIIIIIIINII, a person subject to his orders, by striking him in the stomach with a closed fist.2
OP— Li 2 (M) ).1
SPECIFICATION 2: In that 1LT Glenn A. Niles, Jr., U.S. Army, at or near the Al Taji Police Station, Baghdad, Iraq, on or about 30 July 2003, was cruel toward and did maltreatel=111111M11111111111111, a person subject to his orders, by striking him in the stomach with a closed fist. 2
(6•*) 4;0021
SPECIFICATION 3: In that 1LT Glenn A. Niles, Jr., U.S. Army, at or near the Al Taji Police Station, Baghdad, Iraq, on or
about 30 July 2003, was cruel toward and did maltreat ellIMIIIIIMIllr, a person subject to his orders, by kicking him in the
shoulder.2

ePey (5/e)44 •
CHARGE IL VIOLATION OF THE UCMJ, ARTICLE 133
.
THE SPECIFICATION: In that 1LT Glenn A. Niles, Jr., U.S. Army, did, at or near Al Taji Police Statio 2Baghdad, Ira , on or about 30 July 2003, while a platoon leader in the 615th Military Police Company, and in the presence of 2 , IMIIIIIIIIIIIMNI, andell.¦1111111111 wrongfully and dishonorably grab 111111.111111111111111by the neck and strilce him in the stomach with a closed fist, wrongfully and dishonorably strike in the stomach with a closed fist, and while being detained bylialli111110111•111111111, wrongfully and dishono bly kicliSMIIIIIIISSm. the shoulder, all to the disgrace of the Officer's Corps, and the Armed Forces.
c-Qz Li ; rzlc ) 1
III. PREFERRAL
11a. NAME OF ACCUSER (Last, First, MO b. GRADE c. ORGANIZATION OF ACCUSER

NMI 615th Military Police Company
d.-IGNATURE OF ACCUSER e. DATE
Z0....StFP-c:),.... .
AFFIDAVIT: Before me, the undersigned, authorized by law to administer oaths in cases of this character, personally
appeared the above named accuser this 30th day of September, 2003, and signed the foregoing charges and specifications
under oath that he/she is a person subject to the Uniform Code of Military Justice and that he/she either has personal
knowledge of or has investigated the matters set forth therein and that the same are true to the best of his/her knowledge and
belief.

18th Military Police Brigade
Typed Name of Officer. Organization of Officer
-
0111.1111. Article 136(a), UCMJ — Trial Counsel isionmemeniamm
Grade. Official Capacity to Administer Oath (See R.C.M. 307(b) -must be a commissioned officer)
ate.1 50 )Cci.C33405
aXark Oa /70 /cc)
DOD-047257
12. ,
On 30 September. 2003, the accused was informed of the charges against him/her and of the name(s) of
the accuser(s) known to me (See R.C.M. 308 (a)). (See R.C.M. 308 if notification cannot be made.)

615th Military Police Company
Typed Name of Immediate Commander Organization of Immediate Commander
elle
Grad

Signe re
IV. RECEIPT BY SUMMARY COURT-MARTUU. CONVENING AUTHORITY
13.
The swam charges were received at aq 5-2hours, 30 September, 2003 at
Warrior Palace, 70gth Military
Designation of ComMand or
Police Battalion, Baghdad, Iraq, APO AE 09302
Officer Exercising Summary Court-Martial Jurisdiction (See R.C.M. 403)
-Felt-THE: 1
iiiiiinli Battalion Commander
Typed Name of Officer Official Capacity of Officer Signing
Gra. _
aebioa-.7(7ti 2
Signature
V. FtEFERRAL; SERVICE OF CHARGES 14a. DESIGNATION COMMAND OF CO VENING AUTHORITY b. PLACE c. DATE
Headquarters,2th Army Training Command Graf l'Itaoelq Ge rmany 2 June
2004
Referred for trial to the court-martial convened by
General2Court-Martial Convening Order Number 1
dated2 25 February220 042
,
, subject to the following instructions: 2-none
COMMAND2 BRIGADIER GENERAL ROBERT M. WILLIAMS:
By of
Command or Order
Chief, Military Justice
Typed Name of Officer Official Capacity of Officer Signing
01.11
Grade
.
Signature
15. on 2__.tA^-2, 20 7 no V , I (caused to be) served a copy her he above n used.
uimimo...ib
Typed Name of Trial Counsel . rade or Ra.of Trial Counsel
Signature FOOTNOTES: 1 — VVhen an appropriate commander signs personally, inapplicable words are stricken. 2 — See R.C.M. 601(e) conceming instructions. If none, so state.
G03406
DOD-047258
ate(00?-10o-7_,

1GTC: The charges are signed by IMONMENIIIMINII¦INIIIM a
2 person subject to the Code as accuser and are properly sworn to
3 before a commissioned officer of the armed forces authorized to
4 administer oaths and are properly referred to this court-martial by--

•
5 for trial by Brigadier General Robert Williams, the convening
6 authority.
7GVery well. Before I ask for motions and plea, let me put

MJ:
8 on the record the substance of an 802 held in chambers just a few
9 minutes ago. Present were all three counsel and myself.

10GWe discussed potential trial dates in this case, and I was
11 told by the defense that they intend, today, to file a speedy trial
12 motion.
13GDC: That's correct, Your Honor.
14G

MJ: Right, and government and defense know my policy on a
15 speedy trial motion is to hold a hearing as quickly as possible since
16 we don't want the court to be responsible for the delay. Given that,
17 I will be on leave starting Monday, therefore, the judge that will
18 hear the speedy trial motion will be 111111111101111111111111111111111.
19 She will hear your speedy trial motion on Monday at 1000 hours in
20 Vilseck.
21GWe also discussed setting a potential trial date in the
22 event that that motion is denied, and agreed on 1 July as the trial
23 date. Given thati111111.11111111111111111 will be the judge for purposes of

8

Cj3407
DOD-047259
_
the pretrial motion, she will also be the judge for trial on the 1st
2 of July.
3GI was told by counsel that the three Iraqis are not likely
4 to be produced for trial, but that the government hopes to prove the
5 case with other eyewitnesses, and I was told by both counsel that
6 there is an issue with regard to multiplicity given United States
7 versus Cherukuri in that either the Charge I specifications will
8 merge into the 133 offense or vice versa.
9GThat's all my notes show as to what we discussed. Do

10 counsel have anything to add?
11GTC: Just one point, Your Honor. We are still looking for the
12 three Iraqi alleged victims of this crime. I just--most likely they
13 will not be found, but we are still making attempts to locate them.
14GMJ: Got it.
15GDC: Nothing to add, Your Honor, based on your synopsis.
16GMJ: All right.
17GLieutenant Niles, Counsel, please rise.
18 [The accused and his counsel did as directed.]
19GMJ: Fiist Lieutenant Glenn A. Niles, Jr., how do you plead?
20 Before rec lying your plea, I advise you that any motions to dismiss
21 or to gra any other appropriate relief should be made at this time.
22 Your def nse counsel will speak for you.

(06)710t)-
9
DOD-047260

1GDC: Thank you, Your Honor. We've already discussed the issue
2 with the motion we plan to present later on this afternoon, and we
3 ask that we be allowed to defer entrance of pleas until a later date
4 as well.
5GMJ: Very well. Please be seated.
6 [The accused and his counsel did as directed.]
7GMJ: Your request is granted. So the way I see it, there are
8 two potential motions. Certainly there will be a speedy trial motion
9 litigated on Monday, but there may also be a multiplicity argument if

10 you and the government cannot agree on action, correct?
11GDC: That's correct, Your Honor.
12GMJ: All right, so those are the two dates you all are working
13 with, 14 June, Monday, in Vilseck beginning at 1000 will be the
14 speedy trial motion. Defense I'll hold you to your word to get it
15 to--to get the motion to--better get it to me and Colonel Browne
16 tonight.
17GDC: Yes, Ma'am.
18GMJ: Government, get your response as quickly as possible.
19 know she'll be in over the weekend, so even if it's Saturday get it
20 to her, okay?
21GTC: Yes, Ma'am.
22GDC: And I'll file that electronically, Your Honor, is that the
23 best way?

10 0
tiva4 9
DOD-047261
2
1 MJ: Yes, and include with it, please, a time line.
G

2 DC: Yes, Ma'am.
G

3 MJ: All right?
G

4 DC: Absolutely.
G

5 MJ: And then on the 1st of July, we're setting it for 0900
6 given that I think I was told by counsel that it may be a panel case,
7 so go ahead and start early in the morning. All right?
8GDC: Yes, Your Honor.
9GTC: Yes, Ma'am.

10GMJ: All right.
11GAll right, Lieutenant Niles, what we've done here today is
12 called an arraignment, that's the legal term for the first pretrial
13 session of any court-martial. As the accused in a court-martial, you
14 have an absolute right to be present at every session of your court
15 and that's whether it's a pretrial session, like we held this
16 morning, or the trial itself, which we've set for the 1st of July or
17 even any post trial sessions. The one exception to your right to be
18 present is if you were to absent yourself without leave, that is, go
19 AWOL between now and the dates that we've set for trial, then the
20 government could go ahead and opt to try the case even though you are
21 absent. That'd be a very bad situation for Captain Stelle. He'd be
22 defending an empty chair. I would enter a plea of not guilty for you

11
2 16`,3)410
DOD-047262
DLO K

PAGE

C 03411
DOD-047263